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U.S. v. MARTINEZ-FLORES

No. 11-41375.

720 F.3d 293 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Ever Alexander MARTINEZ-FLORES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 19, 2013.

Attorney(s) appearing for the Case

Eileen K. Wilson (argued), Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Timothy William Crooks , Assistant Federal Public Defender, Laura Fletcher Leavitt (argued), Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, BENAVIDES and HIGGINSON, Circuit Judges.

PER CURIAM:

This is a direct appeal from a felony conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and 1326(b). Appellant challenges only his sentence, arguing that his prior New Jersey conviction for third degree aggravated assault does not constitute a crime of violence under the sentencing guidelines. U.S.S.G. § 2L1.2(b)(1)(A)(ii). We agree and therefore VACATE the sentence and REMAND for resentencing.

I. BACKGROUND...

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