United States v. Herrera

Defendant pled guilty to illegal re-entry into the United States and was sentenced to 46 months imprisonment. At issue was whether the district court erred in applying the sixteen-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii) because defendant's prior Arkansas conviction was a "crime of violence." The court found that defendant was previously charged with rape pursuant to section 5-14-103 of the Arkansas Code, but pled guilty to the lesser-included offense of second degree sexual assault pursuant to section 5-14-125 of the Arkansas Code. The court held that convictions for violating subsections (a)(1) and (a)(2) of section 5-14-125 were forcible sex offenses. Therefore, defendant's conviction of second degree sexual assault was a "crime of violence" and the judgment of the district court was affirmed.