United States v. Segovia, No. 12-41424 (5th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to being an alien found unlawfully in the United States after having been previously deported and subsequently appealed the district court's application of a sixteen-level enhancement for a prior conviction for a crime of violence (COV). The court rejected, in light of United States v. Pascacio-Rodriguez, defendant's argument that his Maryland conspiracy conviction cannot support a COV enhancement; the court need not address whether robbery under Maryland law is an enumerated offense under U.S.S.G. 2L1.2 cmt. n.1(B)(iii) because the object of defendant's conspiracy, robbery with a dangerous and deadly weapon, fits squarely within the catch-all provision; and conspiracy to commit robbery with a dangerous and deadly weapon is plainly within the Guidelines definition of a COV. Accordingly, the court affirmed the district court's application of the enhancement.
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