Perez

MEMORANDUM

In our recent decision in United States v. Corona-Sanchez, 291 F.3d 1201, 1203 (9th Cir.2002) (en banc), we reiterated that if a statute “criminalizes conduct that would not constitute an aggravated felony under federal sentencing law, then the conviction may not be used for sentence enhancement unless the record includes ‘documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.’ ” Id. (quoting United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir.2001) (en banc)). As Appellant Perez’s state court conviction for attempted vehicle theft would facially constitute an aggravated felony for federal sentencing purposes, it was not error for the district court to use that prior conviction to impose a sixteen level enhancement to the sentence for his federal conviction under 8 U.S.C. § 1326 . We thus affirm the district court’s sentence.

Perez was convicted in 1989 for the felony taking of a vehicle without the owner’s consent, in violation of § 10851 of the California Vehicle Code. 3 In 1994 he was convicted of violating California’s attempt statute, California Penal Code § 664. The…