United States v. Jose Ramos-Bonilla, 558 F. App'x 440

Ramos-Bonilla, a native and citizen of El Salvador, pled guilty to illegal reentry under 8 U.S.C. § 1326(a) and (b).
He received a 24-month sentence below the Guidelines range.
He challenges a 16-level crime-of-violence enhancement under § 2L1.2(b)(1)(A)(ii) based on his 2011 Florida conviction for resisting an officer with violence under Fla. Stat. § 843.01.
He argues the Florida statute does not require the use of physical force, potentially affecting whether the offense is an aggravated felony under § 1101(a)(43).
The district court overruled his objection to the enhancement, downwardly departed, and imposed the below-Guidelines sentence; Ramos objected again to the 16-level enhancement.
The court reviews crime-of-violence determinations de novo, but unpreserved errors are reviewed for plain error; it cites Alonzo-Garcia as persuasive authority on both issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Florida conviction qualifies as a crime of violence	Ramos contends the offense lacks element of force	Government relies on Florida’s violence element to qualify	Yes, it qualifies as a crime of violence
Whether the sentence should reflect § 1326(b)(1) rather than § 1326(b)(2)	Conviction should be treated under § 1326(b)(1)	Error acknowledged; request is for remand to reform	Remanded to reform judgment to § 1326(b)(1)

United States v. Rodriguez, 711 F.3d 541 (5th Cir. 2013) (plain-error review for unpreserved errors in crime-of-violence determinations)
United States v. Alonzo-Garcia, 542 F. App’x 412 (5th Cir. 2013) (persuasive on whether Florida “violence” satisfies crime of violence and on remand/remedy for misclassification)
Puckett v. United States, 556 U.S. 129 (2009) (plain-error standard and remedial discretion)