United States v. Reyes, No. 16-40241 (5th Cir. 2017)
Annotate this CaseThe Fifth Circuit held that Mathis v. United States, 136 S.Ct. 2243 (2016), did not abrogate United States v. Velasco, 465 F.3d 633 (5th Cir. 2006), which held that the Illinois aggravated battery statute was divisible. In this case, the district court did not err in following Velasco and applying the crime-of-violence enhancement to defendant's sentence. Aggravated battery involving use of a deadly weapon under the Illinois statute was a discrete offense requiring proof of the use of a deadly weapon. The court explained that it has been established, categorically, that the offense of which defendant was convicted represented a crime of violence under the Guidelines. Accordingly, the court affirmed the judgment.
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