United States v. Jorge Bacio-Gonzales

ON PETITION FOR PANEL REHEARING

PER CURIAM: *

The petition for panel rehearing is GRANTED. We WITHDRAW our prior opinion, United States v. Bacio-Gonzales, 690 Fed.Appx. 193 (5th Cir. 2017), VACATE our prior judgment affirming the sentence imposed by the district court, and substitute the following opinion.

Jorge Bacio-Gonzales pleaded guilty to illegally reentering the United States in violation of 8 U.S.C. § 1326. The presen-tence report applied a 16-level “crime of violence” enhancement pursuant to § 2L1.2(b)(l)(A)(ii) of the 2015 Sentencing Guidelines based on Bacio-Gonzales’ prior conviction…