United States v. Flores-Vasquez, No. 10-40312 (5th Cir. 2011)
Annotate this CaseDefendant was sentenced with a sixteen-level enhancement under U.S.S.G. 2L1.2 after he pleaded guilty to illegal reentry in violation of 8 U.S.C. 1326. At issue was whether the district court's application of the enhancement was erroneous where defendant's prior 2006 robbery conviction was not a crime of violence. The court held that the district court did not err in finding that defendant's 2006 robbery conviction qualified as a crime of violence and accordingly applied the sixteen-level sentencing enhancement where the district court was not in error in relying on the Government's proffer because defendant adopted the truth of the proffer of facts, which conceded that the facts in the plea agreement established that his conduct fell well within the generic definition of robbery.
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