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U.S. v. PEREZ-SILVAN

No. 16-10177, No. 16-10205.

861 F.3d 935 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel PEREZ-SILVAN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Miguel Perez-Silvan, AKA Miguel Perez-Silva, AKA Miguel Silvan-Perez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2017.

Attorney(s) appearing for the Case

Myrna R. Beards , Law Office of Myrna R. Beards, Tucson, Arizona, for Defendant-Appellant.

Ryan P. Dejoe , Assistant United States Attorney; Robert L. Miskell , Appellate Chief; United States Attorney's Office, Tucson, Arizona; for Plaintiff-Appellee.

Concurrence by Judge Owens.

OPINION

We must decide whether a "crime of violence" sentencing enhancement to a sentence for illegal reentry after deportation can be based on a prior Tennessee state conviction for aggravated assault.

I

Miguel Perez-Silvan, a citizen of Mexico, was charged with illegal reentry after deportation...

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