United States v. Moises Torres-Castelano
Opinion
Opinion
MEMORANDUM
The district court did not err in determining that the government proved the fact of Torres-Castelano’s prior conviction under section 245(a)(1) of the California Penal Code by clear and convincing evidence, given that (1) a plea transcript from a 2005 prosecution of Torres-Castelano for violation of 8 U.S.C. § 1326 (a) included a concession by Torres-Castelano that he had been convicted of assault with a deadly weapon on January 28, 2003; (2) an abstract of judgment, dated January 28, 2003, stated that “Moisés Hernandez” had been convicted of assault with a deadly weapon under California Penal Code section 245(a)(1); and (3) an FBI rap sheet stated that “Moisés Hernandez” was an alias used by Torres-Castelano “based on fingerprint comparisons,” and included the conviction for violation of section 245(a)(1). Because section 245(a)(1) is categorically a crime of violence, see United States v. Salazar-Mojica, 634 F.3d 1070, 1072 (9th Cir.2011), the district court did not err in imposing a sixteen-point offense level enhancement under U.S.S.G. § 2L 1.2(b)(1)(A)(ii) based on Torres-Cas-telano’s prior conviction of a crime of violence.