United States v. Martinez-Mata

EIDITH BROWN CLEMENT, Circuit Judge:

This case involves the application of the sixteen-level “crime of violence” sentence enhancement under § 2L1.2 of the U.S. Sentencing Guidelines. Appellant Ismael Martinez-Mata’s sentence for illegally reentering the United States in violation of 8 U.S.C. § 1326 included a sixteen-level enhancement based on a prior conviction of the Texas crime of retaliation. Martinez-Mata contends that the retaliation offense is not a “crime of violence,” as required by § 2L1.2(b)(l)(A)(ii), because it does not have as an element the use, attempted use, or threatened use…