United States v. Chavez-Hernandez, No. 10-40308 (5th Cir. 2012)
Annotate this CaseDefendant pleaded guilty, pursuant to a plea agreement to being illegally present in the United States after being deported. Over defendant's objection, the district court increased his base offense level of eight by 16 levels, pursuant to U.S.S.G. 2L1.2(b)(1)(A)(ii), on the theory that his 2009 conviction for sexual activity with a minor in violation of Florida Statute 794.05 was a "crime of violence." Defendant timely appealed. Because defendant did not adequately preserve his objection to the sentence, plain error review applied. The court held that although "plain error" occurred, the court was not compelled to reverse under the circumstances because the applicable state court records, coupled with defense counsel's admission that the victim was fourteen, established either the victim's status as a minor or the inequity, under the fourth prong of clear error review, of the court reaching out on appeal to correct the plain error.
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