United States v. Munoz-Gonzalez, No. 15-40385 (5th Cir. 2016)
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Defendant appealed his 35-month sentence after pleading guilty to illegal presence following removal. The court concluded that, in light of this court’s precedent, as informed by Carlesi, holding that a pardon granted for reasons other than proof of innocence does not vitiate the
defendant’s prior crimes or convictions, the court held that the district court did not err in applying the 12-level crime of violence sentencing enhancement under USSG 2L1.2(b)(1)(A)(ii), for the 1994 pardoned arson conviction. Accordingly, the court affirmed the sentence.
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