United States v. Eduardo Mendoza-Lares

MEMORANDUM

Appellant Eduardo Mendoza-Lares, aka Juan Cortez, pleaded guilty to a charge of unlawful presence after having been previously deported, a violation of 8 U.S.C. § 1326 (a) as enhanced by § 1326(b)(2). He appeals the imposition of a 16-level sentence enhancement under section 2L1.2(b)(l)(A)(ii) of the Federal Sentencing Guidelines (“Guidelines”) on the grounds that the district court erred in classifying his previous Arizona manslaughter conviction as a crime of violence.

1. The district court did not err in concluding that Mendoza-Lares’s Arizona manslaughter conviction is a crime of violence for purposes of Guidelines section 2L1.2(b)(l)(A)(ii). Manslaughter is one of several enumerated offenses the Guidelines specifically identify as a crime of violence. U.S. Sentencing Guidelines Manual § 2L1.2 app. l(B)(iii) (2014). The generic definition of manslaughter incorporates, at most, a mens rea of recklessness. See United States v. Gomez-Leon, 545 F.3d 777, 791 (9th Cir.2008).

The Arizona statute under which Mendoza-Lares was convicted defines manslaughter as, in relevant part, “(1) [r]eck-lessly causing the death of another person; or (2) [c]ommitting second degree…