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U.S. v. CACERES-OLLA

No. 12-10132.

738 F.3d 1051 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Israel Arnoldo CACERES-OLLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted September 18, 2013.

Filed December 23, 2013.

Attorney(s) appearing for the Case

M. Edith Cunningham (argued) and Christopher R. Kilburn , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender, Tucson, AZ, for Defendant-Appellant.

Erica L. Seger (argued), Assistant United States Attorney; John S. Leonardo , United States Attorney; Christian M. Cabanillas , Appellate Chief, Tucson, AZ, for Plaintiff-Appellee.

Opinion by Judge BERZON; Concurrence by Judge FERNANDEZ.

OPINION

OPINION BERZON, Circuit Judge:

Israel Arnoldo Caceres-Olla pleaded guilty, under 8 U.S.C. § 1326, to unlawful reentry into the United States. Sentences for that offense are governed by United States Sentencing Guideline ("Guideline") 2L1.2. This case presents the question whether a prior felony conviction under Florida Statutes section 800.04(4)(a) for lewd or lascivious battery qualifies as a "crime of violence" for purposes of that Guideline...

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