In U.S. v. Llanos-Agostadero, No. 06-14382 (May 15, 2007), the Court held that a Florida conviction for the offense of aggravated robbery on a pregnant woman qualified as a "crime of violence" for purposes of the 16-level sentence enhancement of USSG § 2L1.2(b)(1)(A)(ii).
The Court noted that the Florida offense involved actual and intentional touching or striking another person, or intentionally causing bodily harm to another person. Citing analogous cases involving analogous battery offenses, the Court concluded that the battery offense at issue constituted a crime of violence.
The Court also rejected a reasonableness challenge to the sentence based on the unavailability of the Attorney General’s "fast-track" program in the district in which the defendant was sentenced. Citing U.S. v. Castro, 455 F.3d 1249 (11th Cir. 2006), the Court noted that the fast-track program does not create unwarranted disparities in sentences, or sentences "greater than necessary to achieve the purposes of § 3553(a).
