United States v. Perez-Silvan, No. 16-10177 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed defendant's 21 month sentence after he pleaded guilty to illegal reentry after deportation. The panel held that the district court did not err by applying a 16 level enhancement after determining that defendant's prior aggravated assault conviction in violation of Tennessee Code Annotated 39-13-102 was a crime of violence for purposes of USSG 2L1.2(b)(1)(A)(ii), because it entailed the use or threatened use of physical force. The panel also held that defendant waived his ability to contest the revocation of his supervised release and thus the appeal must be dismissed.
Court Description: Criminal Law. The panel affirmed a sentence for illegal reentry after deportation, and dismissed an appeal from a judgment revoking supervised release for a prior illegal reentry conviction. The panel held that even if the defendant’s appeal from the judgment revoking supervised release had been timely,
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