5th Vacates Sentence Based Upon Improper 16-Level Enhancement for Crime of Violence

In USA v. Felipe Esparza-Perez, Case No. 11-50090-CR,  Defendant pleaded guilty to attempting to reenter the United States unlawfully after removal, in violation of 8 U.S.C. § 1326. At sentencing, the
district court enhanced D's offense level by 16 levels based a prior Arkansas conviction for aggravated
assault on the basis that it was a conviction for a crime of violence within the meaning of U.S.S.G. 2L1.2(b)(1)(A)(ii). The 5th vacated D's sentence finding that he was not convicted of “aggravated assault” for sentencing enhancement purposes because his crime of conviction lacks proof of an
underlying assault.