United States v. Hernan Perez-Gomez

MEMORANDUM

Hernán Perez-Gomez (“defendant”) appeals his 46-month sentence imposed for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Defendant argues that the district court erred by imposing a sixteen-level enhancement to his base offense level based on a finding that his prior conviction was a “crime of violence” under U.S.S.G. § 2L1.2(b)(l)(A)(ii). In 2007, the defendant was convicted of attempted unlawful sexual conduct with a minor in violation of Ohio Revised Code § 2907.04 and § 2923.02. For this state conviction, he was sentenced to 64 days in jail. In determining his sentence for the illegal reentry offense, the district court found that this prior state conviction was a “crime of violence,” imposed a sixteen-level enhancement, and sentenced the defendant to 46 months’ imprisonment. We have jurisdiction under 28 U.S.C. § 1291 and review de novo a district court’s determination of whether a prior conviction is a “felony” that is a “crime of violence” under U.S.S.G. § 2L1.2. United States v. Laurico-Yeno, 590 F.3d 818, 820 (9th Cir.2010). We hold that it was error to impose the sixteen-level enhancement because the defendant’s prior conviction is not a…