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US v. Flores-Gallo, No. 09-40882

By FindLaw Staff on November 09, 2010 10:53 AM

Unlawful Reentry Sentence Affirmed

In US v. Flores-Gallo, No. 09-40882, the court affirmed defendant's sentence for unlawful reentry into the U.S., holding that the district court properly found that defendant's prior Kansas aggravated battery offense was a "crime of violence" for sentencing purposes and imposed an enhancement accordingly.

As the court wrote:  "Fabian Flores-Gallo appeals the district court's application of a sixteen-level "crime of violence" enhancement pursuant to § 2L1.2(b)(1)(A)(ii) of the U.S. Sentencing Guidelines. Flores-Gallo pleaded guilty to being unlawfully present in the United States following deportation."

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