United States v. Antonio-Agusta, No. 11-1008 (10th Cir. 2012)
Annotate this CasePlaintiff-Appellee Jose Antonio-Agusta appealed a district court’s application of U.S.S.G. 2L1.2(b)(1)(A)(ii)'s sixteen-level sentence enhancement in calculating his advisory Guidelines range. He argued the district court erred in relying on the indictment underlying his prior Arizona convictions to conclude those convictions constitute felony crimes of violence, warranting the enhancement. Upon review, the Tenth Circuit concluded the district court did not err because the indictment was incorporated by reference in the judgment and is therefore reliable evidence of the elements of Plaintiff's prior convictions. Furthermore, the indictment, plea agreement, and judgment revealed Plaintiff was convicted under parts of Arizona's aggravated assault statutes that constitute crimes of violence. Accordingly, the Court affirmed the sentence imposed by the district court.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.