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U.S. v. VAIL-BAILON

No. 15-10351.

868 F.3d 1293 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Eddy Wilmer VAIL-BAILON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 25, 2017.

Attorney(s) appearing for the Case

Wifredo A. Ferrer , Laura Thomas Rivero , Kathleen Mary Salyer , John C. Shipley , Assistant U.S. Attorney, Emily M. Smachetti , U.S. Attorney's Office, MIAMI, FL, Brandy Brentari Galler , U.S. Attorney's Office, WEST PALM BEACH, FL, for Plaintiff-Appellee.

Robert E. Adler , Federal Public Defender's Office, WEST PALM BEACH, FL, Brenda Greenberg Bryn , Andrew L. Adler , Federal Public Defender's Office, FORT LAUDERDALE, FL, Michael Caruso , Federal Public Defender, Federal Public Defender's Office, MIAMI, FL, for D efendant-Appellant.

Before ED CARNES, Chief Judge, and TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JULIE CARNES, and JILL PRYOR, Circuit Judges.

This appeal requires us to decide whether Florida felony battery is a crime of violence under the Sentencing Guidelines. Defendant Eddy Wilmer Vail-Bailon was convicted in 2014 of illegally reentering the United States, in violation of 8 U.S.C. §§ 1326(a) and (b)(1), after having been deported following a conviction...

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