United States v. Vail-Bailon, No. 15-10351 (11th Cir. 2016)
Annotate this CaseAfter defendant pled guilty to illegal reentry after being deported, the district court applied a sixteen-level sentencing enhancement pursuant to USSG 2L1.2(b)(1)(A) based on defendant's prior Florida conviction for felony battery. The court held that felony battery under Fla. Stat. 784.041 does not qualify as a “crime of violence” under section 2L1.2 when it is committed by mere touching. Accordingly, the court vacated the sentence and remanded for resentencing.
The court issued a subsequent related opinion or order on November 21, 2016.
The court issued a subsequent related opinion or order on August 25, 2017.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.