Alvarez-Jimenez

■ ORDER

The matter before the Court is the objection to the sixteen level upward adjustment to the United States Sentencing Guidelines (U.S.S.G.) § 2L1.2(a) filed by Defendant. (EOF No. 38).

BACKGROUND

On June 12, 2014, an Information was filed charging that Defendant Pablo Alvarez-Jimenez, an alien, who had been removed from the United States, was found in the United- States in violation of 8 U.S.C. § 1326 (a) and (b). (ECF No. 9).

On July , 31, 2014, Defendant entered a plea of guilty to the Information pursuant to a Plea Agreement. In the Plea Agreement as amended by the Sentencing Agreement, Defendant admitted that the following fact was true and undisputed:

(ECF No. 20 at 3, ECF No. 51 at 2). In the prbsentehce report, probation recommended a sixteen level upward adjustment under U.S.S.G. § 2L1.2(b)(l)(A) bn the grounds that Defendant was removed from the United States after suffering a felony conviction for a crime of violence, specifically, aggravated assault in Muscogee County, Georgia, Superior Court, Docket No. SU13CR1097. - '

U.S.S.G. § 2L1.2(b)(l)(A)(ii) applies a 16-level sentencing enhancement to a defendant convicted under 8 U.S.C. § 1326 when the “defendant…