United States v. Hernandez-Avila

The Fifth Circuit withdrew its prior opinion and substituted this opinion in its place.The court reversed defendant's sentence, holding that his prior conviction for sexual assault under Texas Penal Code 22.011(a)(2) was not a crime of violence within the meaning of USSG 2L1.2(b)(1)(A)(ii) of the 2015 Sentencing Guidelines. The court need not decide whether defendant's prior conviction qualified as an aggravated felony under 8 U.S.C. 1101(a)(43)(F) and 2L1.2(b)(1)(C) of the 2015 Sentencing Guidelines, because even if it did, the sixteen level increase defendant received was still erroneous. Accordingly, the panel remanded for resentencing. View "United States v. Hernandez-Avila" on Justia Law