The appellant appeals the sentence imposed following his guilty plea for illegally reentering the United States after having been deported. The crime of attempting to take a weapon from a peace officer has the use of force against a person as a necessary element, and it qualifies as a crime of violence under U.S. Sentencing Guidelines §2L1.2(b)(1)(A)(ii). The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-10973, 10-25-2012.
United States v. Avalos-Martinez
November 5, 2012