U.S. v. Rodriguez-Gomez

Dist. Ct. did not commit plain error in sentencing defendant to 100-month term of incarceration on charge of illegal re-entry to U.S. after having been deported where Dist. Ct. found that defendant's prior state-court conviction for aggravated battery constituted crime of violence for purposes of imposing 16-level enhancement under section 2L1.2(b)(1)(A)(ii) of USSG. Said offense qualified as crime of violence where language of state-court indictment indicated that defendant had struck police officer in groin area during his arrest, which in turn indicated that proof necessary to convict defendant required showing of use or threatened use of physical force.