United States v. Perez-Silvan

The 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. View "United States v. Perez-Silvan" on Justia Law