Deagueros-Cortes

MEMORANDUM **

Appellant Antonio Deagueros-Cortes appeals the district court’s imposition of a 16-level guideline enhancement under U.S.S.G. § 2L1.2(b)(l) to his sentence for his conviction for illegal re-entry after deportation.

Deagueros-Cortes plead guilty without a plea agreement to illegal re-entry after deportation, 8 U.S.C. § 1326 (a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326 (b)(2) for a prior aggravated felony, an “attempted sexual assault.” Under the sentencing guideline in effect at the time of his initial sentencing, U.S.S.G. § 2L1.2 (2000), all aggravated felonies were subject to a 16-level enhancement. The district court imposed a 16-level enhancement.

On his first appeal, Deagueros-Cortes argued that his prior “attempted sexual assault” could not qualify as an “aggravated felony” under 8 U.S.C. § 1101 (a)(43)(A) and (U) because it did not involve a minor, nor under (43)(F) as a “crime of violence” because the sentence imposed was less than one year. The government’s response maintained that defendant’s prior offense was a “crime of violence” aggravated felony under (43)(F), “but admitted] there [was] no evidence in the record that the victim of…