United States v. Carlos Montenegro-Recinos
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
Carlos Montenegro-Recinos pleaded guilty to unlawfully entering the United States after being removed from the country for an aggravated felony, see 8 U.S.C. § 1326(a), and was sentenced to fifty-eight months in prison. At sentencing, the district court 1 determined that his earlier state conviction for lewd and lascivious acts upon a fourteen- or fifteen-year-old child, see CaLPenal Code § 288(c)(1), was a “crime of violence,” and the court therefore increased his offense level by sixteen. See U.S.S.G. § 2L1.2(b)(l)(A)(ii). On appeal, Mr.…
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