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1 Re: United States v. Juan Moreno, also Known as Juan Carlos Moreno. Letter Brief on Behalf of Defendant-Appellant 1 (2015)

handle is hein.scsl/usjmltbda0001 and id is 1 raw text is: FEDERAL PUBLIC DEFENDER Southern District of Texas Lyric Office Centre 440 Louisiana Street, Suite 1350 Houston, Texas 77002-1669 FEDERAL PUBLIC DEFENDER: Telephone: MARJORIE A. MEYERS 713.718.4600 August 21, 2015 First Assistant: Fax: H. MICHAEL SOKOLOW 713.718.4610 VIA FIFTH CIRCUIT CM/ECF SYSTEM Mr. Lyle W. Cayce, Clerk United States Court of Appeals for the Fifth Circuit 600 South Maestri Place New Orleans, Louisiana 70130 RE: United States v. Juan Moreno, also known as Juan Carlos Moreno, 5th Cir. No. 15-40706 Dear Mr. Cayce: Defendant-Appellant Juan Moreno submits, contemporaneously with an unopposed motion for summary disposition, this letter brief addressing the following issues that are foreclosed by Fifth Circuit precedent: Whether the district court misapplied the Guidelines and reversibly erred by applying a 12-level crime of violence enhancement under USSG § 2L1.2(b)(1)(A)(ii) to Mr. Moreno on the basis of his 1997 Texas felony conviction for sexual assault in violation of Tex. Penal Code Ann. § 22.011 (West 1996). A. Statement of the Case On October 28, 2014, Mr. Moreno was charged by a 1-count indictment with being an alien who entered, attempted to enter, and was unlawfully found in the United States following deportation, in violation of 8 U.S.C. § 1326. ROA.12. On January 14, 2015, Mr. Moreno entered a plea of guilty. ROA. 147.

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