United States v. Sanchez-Sanchez, No. 14-10305 (5th Cir. 2015)
Annotate this CaseDefendant pled guilty to illegal reentry following deportation and subsequently appealed his sentence. Defendant challenged the district court's application of an enhancement based on a prior Texas felony conviction for aggravated assault with a deadly weapon, which was categorized as a crime of violence. At issue was whether the district court was precluded from relying on the state court's facially inconsistent judgment of conviction, which recited defendant's guilty plea but made no separate affirmative findings on the use of a deadly weapon. The court concluded that, because assault attended by the use of a deadly weapon constitutes generic aggravated assault as the court has defined it, the conviction qualifies as a predicate crime of violence for enhancement under U.S.S.G. 2L1.2. Accordingly, the district court did not err in applying the enhancement and the court affirmed the sentence.
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