United States v. Pablo Calvillo-Palacios
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Concurrence by Judge Owens
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether a “crime of violence” sentencing enhancement to a sentence for illegal reentry after deportation can be based on a prior Texas state conviction for aggravated assault.
I
Pablo Calvillo-Palacios, a native and citizen of Mexico, was indicted in the District of Arizona for illegal reentry after deportation in violation of 8 U.S.C. § 1326, enhanced by § 1326(b)(2), on December 3, 2014. He had been found walking north of the Mexican border near Douglas, Arizona after having been deported from Laredo, Texas. He pled…
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