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United States v. Colon-Arreola

United States Court of Appeals, Ninth Circuit

May 22, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
CRISTOBAL COLON-ARREOLA, AKA Gustavo Colon, AKA Cristobal Colon-Arreloa, Defendant-Appellant

Argued and Submitted, San Francisco, California: April 9, 2014.

Page 842

Appeal from the United States District Court for the District of Arizona. D.C. No. 4:12-cr-02541-DCB-LAB. James G. Carr, District Judge, Presiding.

Matthew J. McGuire, Patagonia, Arizona, for Defendant-Appellant.

Brian Robert Decker, Assistant United States Attorney, Office of the United States Attorney, Tucson, Arizona, for Plaintiff-Appellee.

Before: Mary M. Schroeder and Consuelo M. Callahan, Circuit Judges, and Robert W. Pratt, Senior District Judge.[*] Opinion by Judge Pratt.

OPINION

Page 843

PRATT, District Judge:

INTRODUCTION

Cristobal Colon-Arreola (" Colon-Arreola" ) appeals his sentence for illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326. In particular, Colon-Arreola challenges the district court's application of a sixteen-level enhancement under United States Sentencing Guidelines (" U.S.S.G." or " Guidelines" ) § 2L1.2(b)(1)(A)(ii) based on his prior conviction for battery with injury on a peace officer in violation of California Penal Code § 243(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291. Because we conclude that California Penal Code § 243(c)(2) is a categorical crime of violence under U.S.S.G. § 2L1.2, we affirm Colon-Arreola's sentence.

STANDARD OF REVIEW

We review de novo a district court's determination that a prior conviction constitutes a " crime of violence" under U.S.S.G. § 2L1.2. United States v. Bolanos-Hernandez, 492 F.3d 1140, 1141 (9th Cir. 2007) (citing United States v. Rodriguez-Rodriguez, 393 F.3d 849, 856 (9th Cir. 2005)).

DISCUSSION

Section 2L1.2 of the Guidelines provides that a base offense level of eight applies to violations of 8 U.S.C. § 1326. See U.S.S.G. ยง 2L1.2 cmt. statutory provisions (2012). A sixteen-level enhancement is applicable if a defendant's prior deportation occurred following a felony conviction for a crime of violence. U.S.S.G. ...


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