United States v. Esparza-Perez, No. 11-50090 (5th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to a one-count indictment charging him with attempting to reenter the United States unlawfully after removal. At sentencing, the district court enhanced his offense level by sixteen levels based on its conclusion that his prior Arkansas conviction for aggravated assault was a conviction for a crime of violence within the meaning of U.S.S.G. 2L1.2(b)(1)(A)(ii). The court held that defendant was not convicted of "aggravated assault" for sentencing enhancement purposes because his crime of conviction lacked proof of an underlying assault. Because the government had not shown that such error was harmless under the court's precedent, the court vacated the sentence and remanded for resentencing.
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.