United States v. Orilon Lopez-Solis

MEMORANDUM

Orilon Lopez-Solis appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 . We review “the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Sentencing Guidelines to the facts of [a] case for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005).

In 1993, Lopez-Solis was convicted of attempted murder in the Superior Court of Los Angeles County. He was sixteen years old when he was convicted. It is unclear from the record whether he was convicted as a juvenile or an adult. An adult conviction for a crime of violence would result in a sentencing enhancement of 16 levels, but this enhancement would not apply to a juvenile conviction. U.S.S.G. § 2L1.2(b)(l)(A), cmt. n. l(A)(iv) (“Subsection (b)(1) does not apply to a conviction for an offense committed before the defendant was eighteen years of age unless such conviction is classified as an adult conviction under the laws…