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U.S. v. CONTRERAS

No. 13-10928 Non-Argument Calendar.

739 F.3d 592 (2014)

UNITED STATES of America, Plaintiff-Appellant, v. Raul Dagoberto CONTRERAS, a.k.a. Raul Dagoberto Flores-Contreras, a.k.a. Raul Dagoberto Flores, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 2, 2014.

Attorney(s) appearing for the Case

Patricia D. Barksdale , U.S. Attorney's Office, Jacksonville, FL, Samuel D. Armstrong , U.S. Attorney's Office, Ocala, FL, Robert E. O'Neill , U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellant.

Rosemary Cakmis , Rick Carey , Donna Lee Elm , Federal Public Defender's Office, Orlando, FL, for Defendant-Appellee.

Before CARNES, Chief Judge, MARTIN and FAY, Circuit Judges.

CARNES, Chief Judge:

The sole question in this case is whether second-degree sexual battery under Florida law, Fla. Stat. § 794.011(5), is a "crime of violence" under United States Sentencing Guideline § 2L1.2(b)(1)(A). The district court determined that it was not and therefore declined to apply the 16-level enhancement that the guidelines provide for prior convictions of such crimes. The government appeals the district court's refusal to apply the guidelines...

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