United States v. Diaz-Calderone, No. 12-12013 (11th Cir. 2013)
Annotate this CaseDefendant was convicted for being a deported alien found in or having reentered the United States without permission. At issue on appeal was whether the sentencing judge erred when he applied the modified categorical approach and determined that defendant had committed a prior "crime of violence" under U.S.S.G. 2L1.2. Defendant's prior convictions were for a State of Florida crime, "aggravated battery," consisting of battery upon a pregnant victim whom the perpetrator knew or should have known was pregnant. The court concluded that defendant committed a prior crime of violence when he admitted that the way he committed aggravated battery on a pregnant victim was by striking the victim. Therefore, the district court properly imposed a sixteen-level sentencing enhancement and the court affirmed the judgment.
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