United States v. Juan Mendez-Sosa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-10664 Plaintiff-Appellee, D.C. No. v. 4:13-cr-01220-RCC-

BPV-

JUAN ALBERTO MENDEZ-SOSA,

AKA Juan Mendez, ORDER AND Defendant-Appellant. AMENDED OPINION

Appeal from the United States District Court for the District of Arizona Linda R. Reade, Chief District Judge, Presiding

Argued and Submitted January 16, 2015—San Francisco California

Filed March 2, 2015 Amended April 13, 2015

Before: J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges.

Order; Per Curiam Opinion UNITED STATES V. MENDEZ-SOSA

SUMMARY*

Criminal Law

The panel affirmed a sentence for unauthorized reentry into the United States after deportation, in a case in which the district court assessed a 16-level enhancement based on its conclusion that the defendant was previously convicted of Criminal Sexual Contact under section 2C:14-3(b) of New Jersey’s Criminal Justice Conduct Code, an offense the district court concluded was a “crime of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii).

The panel held that…