United States v. Ezequiel Solis-Flores

Good Law
580 F. App'x 556
United States Court of Appeals for the Ninth CircuitJune 24, 201413-10356California201 words

Opinion

Opinion

MEMORANDUM

Ezequiel Benjamin Solis-Flores appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction to review under 28 U.S.C. § 1291 , and we affirm.

Solis-Flores argues that he was entitled to an additional one-point reduction under U.S.S.G. § 3El.l(b) for acceptance of responsibility, even though he did not waive his appellate rights. The district court, however, already awarded the additional one-point reduction.

Solis-Flores also contends that the district court erred in applying a 16-level enhancement for a prior conviction of a felony crime of violence under U.S.S.G. § 2L1.2(b)(l)(A)(ii). Although Solis-Flores conceded that the underlying conviction was a felony on its face, he now asserts that the facts supporting the conviction do not satisfy the requirements for the felony portion of the state statute. Wash. Rev.Code § 9A.46.020(2)(b). This amounts to a collateral attack on his prior conviction that may not be maintained at sentencing. United States v. Burrows, 36 F.3d 875, 884-85 (9th Cir.1994). The district court did not err in imposing the 16-level enhancement.

AFFIRMED.

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