United States v. Contreras, No. 13-10928 (11th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to illegally reentering the United States after removal for committing an aggravated felony. At issue was whether second-degree sexual battery under Florida law was a crime of violence under U.S.S.G. 2L1.2(b)(1)(A). The court concluded that the district court erred by applying only an 8-level enhancement to defendant's base offense level by relying on the Supreme Court precedent, Johnson v. United States, which held that a defendant's prior battery conviction under Florida law was not a violent felony under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). However the Supreme Court in Johnson was dealing with a different issue under the ACCA, not the amended definition of "crime of violence" under U.S.S.G. 2L1.2, cmt. n.1(B)(iii). Accordingly, the court vacated the sentence and remanded for resentencing.
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