United States v. Castillo-Rivera, No. 15-10615 (5th Cir. 2017)
Annotate this CaseAfter defendant was convicted of illegal reentry, he received an 8-level enhancement for his sentence under USSG 2L1.2(b)(1)(C) for being previously deported after conviction for an aggravated felony. On appeal, defendant argued that Texas Penal Code 46.04 was substantively broader than 18 U.S.C. 922(g)(1), and was therefore not an "aggravated felony" under the sentencing guidelines. The court concluded that, because defendant had not established a realistic probability that Texas courts would actually apply TPC 46.04 more broadly than section 922(g)(1), his argument that TPC 46.04 was not an aggravated felony for purposes of the sentencing guidelines failed. Accordingly, the court affirmed the judgment.
This opinion or order relates to an opinion or order originally issued on September 2, 2016.
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