United States v. Ramirez, No. 13-10473 (5th Cir. 2013)
Annotate this CaseAfter defendant pled guilty to one count of illegal reentry following removal, the district court applied an eight-level enhancement based on a prior conviction for an aggravated felon, a New York state misdemeanor conviction for third-degree sexual abuse of a fifteen-year-old. The court rejected defendant's arguments that his misdemeanor conviction could not be considered an aggravated felony where the court applied the modified categorical approach to determine that defendant's conviction satisfied the generic offense. Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on October 16, 2013.
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