United States v. Ovalle-Chun, No. 15-40970 (5th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to one count of illegal reentry into the United States and the district court applied a twelve-level enhancement to defendant's base offense level based on the district court's determination that defendant's 2004 conviction for aggravated menacing in Delaware was for a crime of violence under USSG 2L1.2(b)(1)(A)(ii). The court concluded that the offense qualifies as a crime of violence because aggravating menacing is an offense under state law that has as an element the threatened use of physical force against the person of another. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on April 15, 2016.
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