Usav Lopez-Torres

Good Law
United States Court of Appeals for the Ninth CircuitApril 24, 200605-10392California1,285 words

Opinion

Opinion

Goodwin COUNSEL, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10392 Plaintiff-Appellee, v.  D.C. No.

CR-04-00343-ECR

LIBRADO LOPEZ-TORRES,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Nevada Edward C. Reed, District Judge, Presiding

Argued and Submitted April 6, 2006—San Francisco, California

Filed April 25, 2006

Before: Alfred T. Goodwin, Betty B. Fletcher, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Goodwin COUNSEL

Arthur L. Allen, Assistant Federal Public Defender, Las Vegas, Nevada, for the defendant-appellant.

Robert A. Bork, Assistant U.S. Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

OPINION

GOODWIN, Circuit Judge:

This appeal involves the unlawful reentry of a deported alien whose sentence was enhanced due to a prior conviction for shooting at an occupied motor vehicle in violation of Cali- fornia Penal Code section 246. We hold that a conviction under California Penal Code 246 is categorically a crime of violence under Sentencing Guideline § 2L1.2, and affirm the…

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