United States v. Rodriguez-Rodriguez, No. 13-51021 (5th Cir. 2015)
Annotate this CaseDefendant appealed his sentence after pleading guilty to illegal reentry in violation of 8 U.S.C. 1326. The district court applied a sixteen-level enhancement to defendant's offense level for a crime of violence under U.S.S.G. 2L1. 2(b)(1)(A)(ii) based on a prior conviction of stalking in violation of Texas Penal Code 42.072. The court held that defendant's conviction under the Texas stalking statute, as narrowed by the indictment, was not for a crime of violence under section 2L1.2. Consequently, the district court erred in imposing a sixteen-level enhancement. However, the application of the enhancement was harmless where the court is persuaded that the district court would have sentenced defendant to sixty months in prison based on the district court's lengthy recitation of reasons for imposing the sentence. Because the district court both disclaimed reliance on defendant's uncharged conduct and justified the sentence it imposed with permissible factors, the court concluded that there is no reasonable probability that, but for the error, it would have selected a lesser sentence. Therefore, the error did not affect defendant's substantial rights. The court affirmed the judgment.
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