United States v. German Acosta-Salinas

MEMORANDUM

German Acosta-Salinas appeals his conviction by conditional guilty plea and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . He challenges both the district court’s (1) denial of his 8 U.S.C. § 1326 (d) motion collaterally attacking his prior deportation, and (2) 16-level sentencing enhancement based on a prior conviction for a “crime of violence.”

The denial of a motion to dismiss an indictment under 8 U.S.C. § 1326 (d) involves mixed questions of law and fact; we review the legal claims de novo and the district court’s findings of fact for clear error. United States v. Ramos, 623 F.3d 672, 679-80 (9th Cir.2010). We review de novo the district court’s determination that a prior conviction constitutes a “crime of violence” under the United States Sentencing Guidelines (“U.S.S.G.”). United States v. Gonzalez-Monterroso, 745 F.3d 1237, 1243 (9th Cir.2014). We affirm.

■Acosta-Salinas moved to dismiss the indictment pursuant to 8 U.S.C. § 1326 (d), arguing that his prior conviction for sexual abuse under Arizona Revised Statutes (“A.R.S.”) § 13-1404 was not a crime involving moral turpitude and that the immigration judge therefore…