Zendejas-Miranda

MEMORANDUM **

Aquilino Zendejas-Miranda pleaded guilty to being in the United States illegally, in violation of 8 U.S.C. § 1326 (a), as enhanced by 8 U.S.C. § 1326 (b). The District Court sentenced him to 37 months in prison. In determining this sentence, the Court held that Mr. Zendejas-Miranda had previously been convicted of a crime of violence, thus enhancing his Guidelines offense level. The question presented on this appeal is whether the defendant’s pri- or conviction - for an offense against the laws of Oregon - was in fact a crime of violence for Guidelines purposes. We affirm.

Under U.S.S.G. § 2L1.2(b)(l)(A)(ii), a defendant is subject to a sixteen-level increase in his offense level if he has previously been deported after having been convicted of a felony crime of violence. Violation of a state law that has, as an element, the use of physical force against the person of another qualifies as a crime of violence for this purpose. U.S.S.G. § 2L1.2 App. Note l(B)(ii)(I). The issue on this appeal depends on what evidence a sentencing court may look to in determining whether the prior offense was a “crime of violence.”

There is no doubt that defendant in fact committed,…