United States v. Hernandez-Hernandez, No. 15-40480 (5th Cir. 2016)
Annotate this CaseDefendant appealed his sixteen-level sentencing enhancement under USSG 2LL1.2(b)(1)(A)(ii) based upon a prior conviction for assaulting a federal officer and inflicting bodily injury, in violation of 18 U.S.C. 111 (a)(1) and (b). As an issue of first impression, the court found that defendant's conviction under section 111(a)(1) and (b) necessarily required proof that he used, attempted to use, or threatened to use physical force against the person of another. Therefore, a conviction under section 111(a)(1) and (b) for assaulting a federal officer and inflicting bodily injury constitutes a crime of violence under section 2L1.2(b)(1)(A)(ii). Accordingly, the court affirmed the judgment.
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