United States v. Daniel Palma-Bibiano

MEMORANDUM

Daniel Palma-Bibiano (“Palma”) appeals his 37-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a), as enhanced under § 1326(b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

1. Palma argues that the district court improperly concluded that his 2010 conviction was a “crime of violence” as that term is defined under United States Sentencing Guidelines § 2L1.2(b)(l)(A)(ii). In 2010, Palma pleaded guilty tq several crimes, two of which are relevant here: Arizona Revised Statutes §§ 13-1203, 13-1204. In United States v. Cabrera-Perez, we concluded that, if the “limited class of documents” that Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), permits the district court to consult in applying the modified categorical approach demonstrates that a defendant was convicted of Arizona Revised Statutes § 13-1203(A)(2) and/or § 13-1204(A)(2), the crime of conviction is a crime of violence under § 2L1.2(b)(1)(A)(ii). 751 F.3d 1000, 1005-06 (9th Cir.2014). Palma’s record of conviction contains three Shepard-approved documents: the indictment, the plea agreement, and…