United States v. Jesus Cordova-Portillo

MEMORANDUM

Defendant Jesus Ramon Cordova-Por-tillo appeals his sentence for Illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a), enhanced by § 1326(b)(1). He challenges the application of a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii), arguing that his prior conviction for aggravated assault under Arizona law was not a crime of violence. We have jurisdiction under 28 U.S.C. § 1291 .

Because Cordova-Portillo did not object to the finding in the Presentence Investigation Report (“PSR”) that he was previously convicted of a crime of violence, plain error review applies. United States v. Rendon-Duarte, 490 F.3d 1142, 1146 (9th Cir. 2007). Under plain error review, “the appellant must show that the district court made (1) an error (2) that was clear or obvious, (3) that affected substantial rights, and (4) that seriously affected the fairness, integrity or public reputation of judicial proceedings.” United States v. Castillo-Marin, 684 F.3d 914, 918 (9th Cir. 2012). Because Cordova-Portillo did not object, documents regarding Cordova-Por-tillo’s state-court conviction were not presented to the district court, and the court instead relied solely on…