USA v. Pegueros-Aguilar

Filing 920090824

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-41285 Summary Calendar August 24, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JULIO CESAR PEGUEROS-AGUILAR, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-562-ALL

Before KING, STEWART, and HAYNES, Circuit Judges. PER CURIAM:* Julio Cesar Pegueros-Aguilar (Pegueros) appeals the sentence he received after he pleaded guilty to being found illegally in the United States following deportation, in violation of 8 U.S.C. § 1326. Pegueros argues that the district court erred when it treated his prior South Carolina conviction for Assault and Battery of a High and Aggravated Nature (ABHAN) as a crime of violence and enhanced his base offense level by 16 under U.S.S.G. § 2L1.2(b)(1)(A)(ii). This court held in United States v. Guerrero-Robledo, 565 F.3d 940, 946 (5th Cir.),
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.
*

No. 08-41285 petition for cert. filed (July 7, 2009) (No. 09-5206), under both plain error and de novo review, that ABHAN is a crime of violence for § 2L1.2(b)(1)(A)(ii) purposes because it constitutes the enumerated offense of aggravated assault. AFFIRMED.

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