United States v. Ruben Villatoro-Medrano

MEMORANDUM

Ruben Villatoro-Medrano appeals the sentence imposed by the district court following his conviction under 8 U.S.C. § 1326 . He argues that the court below erred in applying a 16-level sentencing enhancement pursuant to U.S.S.G. § 2L1.2 because it wrongly characterized his 2004 attempted robbery conviction in the District of Columbia (D.C.) as a “crime of violence.” Reviewing the district court’s application of the Sentencing Guidelines de novo, United States v. Jennen, 596 F.3d 594, 600 (9th Cir.2010), we agree.-

First, as interpreted by D.C. courts, 22 D.C.Code § 2801 criminalizes non-violent conduct beyond generic robbery—namely, stealthy seizure or snatching. See, e.g., Leak v. United States, 757 A.2d 739, 742 (D.C.App.2000). Thus, Petitioner’s prior conviction under that statute does not categorically qualify as a “crime of violence” for purposes of the sentencing enhancement. See Taylor v. United States, 495 U.S. 575, 598 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990); United States v. Laurico-Yeno, 590 F.3d 818, 821 (9th Cir.2010) (requiring the sentencing court to focus on “the least egregious end of [the statute’s] range of conduct”); see also United States v.…