United States v. Vigil

In 2013, Vigil pleaded guilty, without a plea agreement, to illegal re-entry into the United States. A pre-sentence calculated a base offense level of 8. The PSR then applied a 16-level enhancement, finding that a previous conviction for sexual battery under Louisiana Revised Statute § 14.43.1 constituted a "crime of violence" under USSG 2L1.2(b)(1)(A)(ii). After a 2-level reduction for acceptance of responsibility, Vigil's total offense level was 22. Combined with a Criminal History Category of II, the PSR calculated a Guidelines range of 46 to 57 months imprisonment. Vigil objected that the government had not presented competent evidence to support the 16-level enhancement and that even if properly supported, the Louisiana conviction was not a "crime of violence." The district court applied the 16-level enhancement required by the Guidelines when there has been a prior conviction for a crime of violence. After granting the Government's motion for an additional 1-point reduction for acceptance of responsibility, the district court calculated a Guidelines range of 41 to 51 months imprisonment and sentenced Vigil to 41 months. The Fifth Circuit affirmed imposition of the enhancement. View "United States v. Vigil" on Justia Law