United States v. Gerardo Gonzalez-Torres

MEMORANDUM

Appellant Gerardo Gonzalez-Torres appeals his 63-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). His United States Sentencing Guidelines calculation included a 16-level enhancement based on prior convictions for putative crimes of violence, pursuant to Guideline § 2L1.2(b)(l)(A). The question presented is whether the district court erred in imposing the enhancement because the crimes for which Gonzalez-Torres had been convicted do not constitute crimes of violence under § 2L1.2(b)(l)(A) and because he had been denied the assistance of an interpreter during the proceedings related to those convictions. Gonzalez-Torres further argues that the district court erred in calculating the criminal history points for his prior convictions.

We review a district court’s interpretation of the Sentencing Guidelines de novo. See United States v. Soberanes, 318 F.3d 959, 961 (9th Cir.2003). Where a defendant does not object to the district court’s sentencing procedure, we review alleged procedural errors for plain error. See United States v. Blinkinsop, 606 F.3d 1110, 1114 (9th Cir.2010).

Because the parties are familiar with the facts, we…