On Wednesday, March 7, 2012, the Tenth Circuit Court of Appeals issued its opinion in United States v. Antonio-Agusta.
Jose Antonio-Agusta appealed the district court’s application of U.S.S.G. § 2L1.2(b)(1)(A)(ii)’s sixteen-level sentence enhancement in calculating his sentence. He argued the district court erred in relying on the indictment underlying his prior Arizona convictions of aggravated assault to conclude those convictions constituted felony crimes of violence, warranting the enhancement.
The 10th Circuit held the district court did not err, because the indictment was incorporated by reference in the judgment and is therefore reliable evidence of the elements of defendant’s prior aggravated assault convictions. Further, the indictment (as amended by the plea agreement) and judgment made clear Antonio-Agusta was convicted under parts of Arizona’s aggravated assault statutes that constitute crimes of violence.