United States v. Estrada, No. 14-10230 (11th Cir. 2015)
Annotate this CaseDefendant appealed his sentence after pleading guilty to illegal reentry after being deported subsequent to an aggravated felony conviction. The district court applied a 16-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii), finding that defendant's prior Florida conviction of throwing a deadly missile, pursuant to Florida Statute 790.19, was a crime of violence. The court's recent decision in United States v. Estrella held that a conviction under Florida Statute 790.19 is not categorically a crime of violence for purposes of application of the 16-level crime-of-violence enhancement. The government has conceded that the enhancement was erroneously applied based on this particular conviction. Accordingly, the court remanded for resentencing.
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