United States v. Pedro Soto-Lara

MEMORANDUM

Pedro Soto-Lara appeals his 28-month sentence, imposed following his guilty-plea conviction for illegal re-entry in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Soto-Lara contends that the district court erred when it calculated the applicable federal Sentencing Guidelines range. In particular, he argues that the district court incorrectly determined that his prior conviction for inflicting corporal injury on a spouse or cohabitant, in violation of California Penal Code § 273.5(a) was a felony for purposes of section 2L1.2(b)(l)(A)(ii) of the Sentencing Guidelines. Therefore, Soto-Lara claims, the district court erred when it enhanced his offense level by 16 levels.

We review a district court’s interpretation of the Sentencing Guidelines de novo, its factual determinations for clear error, and its application of the Sentencing Guidelines to the facts for abuse of discretion. United States v. Rising Sun, 522 F.3d 989, 993 (9th Cir.2008).

Section 273.5(a) is a wobbler, which means that a violation of the statute may be punished either as a felony or as a misdemeanor. United States v. Denton, 611 F.3d 646, 651 (9th…