Becerril-Lopez

United States v. Becerril-Lopez

Good Law
528 F.3d 1133·2008 WL 2371639
United States Court of Appeals for the Ninth CircuitJune 11, 200805-50979California5,460 words

Opinion

Opinion

Hall, J.

Raul Becerril-Lopez (“Becerril”) appeals his jury conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Among other claims, he argues that his prior conviction under California Penal Code § 211 does not qualify as a “crime of violence” under the sentence enhancement provision for illegal re-entry crimes. We hold that it does, and we affirm.

I. Background

Becerril was apprehended just north of the border near San Ysidro on July 4, 2005. Because he had previously been deported in 1995, Becerril was subsequently indicted on charges of being a deported alien found in the United States in violation of 8 U.S.C. § 1326 (a). He was convicted on this sole count after a jury trial.

At the sentencing hearing on December 12, 2005, the district court found that Be-cerril had a base offense level of 8 and imposed a 16-level enhancement under Sentencing Guidelines § 2L1.2(b) on the basis of a 1986 conviction for robbery under California Penal Code § 211. See 8 U.S.C. § 1326 (b). Becerril was sentenced to 100 months in prison (which was the low end of the applicable Guidelines range) and three years of supervised release. He filed a…

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