United States v. Candido Hernandez-Avila

We withdraw our prior opinion and substitute this new opinion in its place.

BACKGROUND

Candido Hernandez-Avila pleaded guilty to illegal reentry under 8 U.S.C. § 1326 . The presentence report (PSR) recommended a sixteen-level enhancement based on Hernandez-Avila's prior conviction for sexual assault under Texas Penal Code § 22.011(a)(2), which the PSR determined to be a "crime of violence" within the meaning of § 2L1.2(b)(1)(A)(ii) of the 2015 Sentencing Guidelines. Hernandez-Avila objected in writing and at the sentencing hearing, arguing that a prior conviction under Texas Penal Code §…