United States v. Miguel Perez-Silvan
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 Tennessee state conviction for aggravated assault.
I
Miguel Perez-Silvan, a citizen of Mexico, was charged with illegal reentry after deportation in violation of 8 U.S.C. § 1326, enhanced by § 1326(b)(2), on October 14, 2015, when he was found near Quijotoa, Arizona on September 17, 2015, following a previous deportation from the United States on August 19, 2015. On December 8, 2015,…
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