United States v. Zuniga-Soto

HENRY, Chief Judge.

Monico Zuniga-Soto pleaded guilty to illegally re-entering the United States in violation of 8 U.S.C. § 1326 and now appeals his sentence. He argues that the district court erred in applying a sixteen-level enhancement to his Guidelines calculation because it incorrectly determined that his prior conviction for assaulting a public servant in violation of section 22.01 of the Texas Penal Code qualified as a “crime of violence” under U.S.S.G. § 2L1.2. Section 2L1.2 defines that term to include any felony under state or federal law that “has as an element the use, attempted…