Rodriguez-Lopez

MEMORANDUM ***

Manuel Rodriguez-Lopez (“Appellant” or “Rodriguez-Lopez”) appeals his sentencing enhancement based on his prior conviction for an “aggravated felony,” as that term is defined in 8 U.S.C. § 1101 (a)(43) (1994 & Supp. IV 1998). Rodriguez-Lopez argues that his 1989 conviction for grand theft auto under Cal.Penal Code § 487(3) (West 1989) does not satisfy the statutory definition of “aggravated felony” because the California statute did not require that the property stolen be valued at $1000 or more. We affirm.

An alien who unlawfully remains in or reenters the United States after having been deported, in violation of 8 U.S.C. § 1326 , is sentenced according to Section 2L1.2 of the Sentencing Guidelines. See U.S.S.G. § 2L1.2 (2000). Although this offense carries a base level of eight, the Guidelines mandate a sixteen-level sentencing enhancement if the defendant’s prior deportation followed a criminal conviction for an “aggravated felony.” Id. § 2L1.2(b)(l)(A). An “aggravated felony” is defined, in relevant part, as “a theft offense (including receipt of stolen property) ... for which the term of imprisonment [is] at least one year.” 1 8 U.S.C. § 1101 (a)(43)(G).…