United States v. Alfonso Lozano-Torres

MEMORANDUM

Alfonso Lozano-Torres contends that the trial court erred when it assessed criminal history points for his state convictions for evading police and leaving the scene of an accident. He claimed in his opening brief that the offenses occurred during the commission of his immigration offense, but now concedes that United States v. Cruz-Gramajo, 570 F.3d 1162 (9th Cir.2009), cert. denied, — U.S.-, 130 S.Ct. 646 , 175 L.Ed.2d 494 (2009), forecloses that argument.

Lozano-Torres also asserts that he evaded police and left the scene of an accident “in the course of attempting to avoid detection or responsibility for [his current immigration offense]” and, therefore, those offenses should have been treated as relevant conduct and not counted as prior offenses in calculating criminal history. U.S.S.G. § lB1.3(a)(l)(A). We recently held that conduct which was motivated to avoid detection should be treated as relevant conduct and not as a prior offense for criminal history purposes. United States v. Rivercu-Gomez, 634 F.3d 507 , 514-16 (9th Cir.2011).

Although Riverar-Gomez had not been decided at the time Lozano-Torres was sentenced, the district court held a hearing focused…