![]() With his total offense level of 21, the Guidelines advisory sentencing range was 37 to 46 months. ![]() Amaya received a three-level reduction for acceptance of responsibility. § 2L1.2(b)(1)(A)(ii) for a crime of violence based on his 2005 Iowa conviction. The probation officer recommended a base offense level of eight and a 16 level enhancement pursuant to U.S.S.G. According to the original pre-sentencing report ( PSR ), Amaya s total offense level was 21. Amaya was arrested and indicted for being unlawfully present in the United States after deportation subsequent to a felony conviction in violation of 8 U.S.C. A background check revealed in 2005 he had pled guilty to, and been convicted of, assault with intent to commit sexual abuse in an Iowa state court, for which he received a two-year suspended sentence. In June 2012, Customs and Border Protection agents encountered him illegally entering the United States near Brownsville, Texas. Amaya is a 32-year-old citizen of El Salvador. that has as an element the use, attempted use, or threatened use of physical force against the person of another ). Amaya contends that this conviction is neither an enumerated offense under § 2L1.2 s definition of a crime of violence, nor fits within that section s residual clause (because it is not any other offense. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. In applying the 16-level enhancement, the district court referred to Amaya s 2005 Iowa conviction for Assault with Intent to Commit Sexual Abuse. Amaya s sole issue on appeal involves the district court s addition of a 16-level enhancement for a previous conviction constituting a crime of violence under U.S.S.G. § 1326(a) and (b)(1), for being unlawfully present in the United States after deportation subsequent to a felony conviction. PER CURIAM:* Carlos David Amaya pled guilty to a violation of 8 U.S.C. 1:12-CR-563 Before JOLLY, SOUTHWICK, and HAYNES, Circuit Judges. CARLOS DAVID AMAYA, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. Retrieved June 18, 2023.Case: 13-40080 Document: 00512719940 Page: 1 Date Filed: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. "Get to know new Marlins infielder Jacob Amaya". ^ De Nicola, Christina (April 9, 2023)." 'This is the best': Amaya makes dreams come true". ^ "Marlins place Jean Segura on 10-day IL, call up Jacob Amaya".^ "Jumbo Shrimp unveil 2023 Opening Day roster"."Dodgers shore up shortstop in trade for Miguel Rojas". ^ "2021 Arizona Fall League Rosters: Glendale Desert Dogs". ![]() "LA protects 5 players from Rule 5 Draft".
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