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U.S. v. ACOSTA-CHAVEZ

No. 12-10324.

727 F.3d 903 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Facundo ACOSTA-CHAVEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2013.

Attorney(s) appearing for the Case

David W. Basham , Law Office of David W. Basham, Tucson, AZ, for Defendant-Appellant.

Erica L. Seger , Assistant United States Attorney, United States Attorney's Office, Tucson, AZ, for Plaintiff-Appellee.

Before: A. WALLACE TASHIMA and JAY S. BYBEE, Circuit Judges, and KIMBA M. WOOD, Senior District Judge.

OPINION

WOOD, Senior District Judge:

Facundo Acosta-Chavez appeals his thirty-month sentence of imprisonment for illegal reentry after deportation. Acosta-Chavez contends that the district court erred in deeming his 2005 Illinois conviction for Aggravated Criminal Sexual Abuse a "crime of violence" under United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii), which mandates a sixteen-level enhancement of his Sentencing Guidelines level. Acosta-Chavez...

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