Ruiz-Apolonio

United States v. Ruiz-Apolonio

Bad Law
657 F.3d 907·2011 WL 4060803·2011 U.S. App. LEXIS 18924
United States Court of Appeals for the Ninth CircuitSeptember 14, 201110-50306California6,772 words

Opinion

Opinion

Wardlaw, J.

Pablo Ruiz-Apolonio appeals the 46-month sentence of imprisonment imposed following his guilty plea to one count of illegal reentry under 8 U.S.C. § 1326 . Because we agree with the district court that a conviction for forcible rape under California Penal Code § 261(a)(2) is categorically a “crime of violence” as defined by the Sentencing Guidelines, we hold that the district court correctly imposed a 16-level sentencing enhancement. We also hold that the district court did not commit procedural error in calculating the Guidelines range and that the sentence of 46 months was not substantively unreasonable. We therefore affirm.

I.

In 2007, Ruiz pleaded guilty under California Penal Code § 261(a)(2) to one count of forcible rape, a crime he committed in 2002. He was deported to Mexico on September 9, 2009, but reentered the United States without permission on November 13, 2009. On February 9, 2010, Ruiz pleaded guilty to one count of illegal reentry after deportation in violation of 8 U.S.C. § 1326 . At sentencing, the district court found that Ruiz’s prior California conviction under § 261(a)(2) constituted a “crime of violence” within the meaning of the Sentencing…

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