United States v. Banda-Zamora

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal of a sentence turns on whether a prior offense counts as an aggravated felony. The defendant, Juan Antonio Banda-Zamora, had been convicted in Texas of aggravated assault and then deported. Found again in the United States, he was charged with reentry and pleaded guilty. Based on the presentence report’s statement that Banda had received a sentence of “10 years probation” for the aggravated assault conviction, the district court increased Banda’s offense level by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(l)(A). Banda argues that §…