Rodriguez-Mungia

United States v. Rodriguez-Mungia

Good Law
60 F. App'x 95
United States Court of Appeals for the Ninth CircuitMarch 5, 2003No. 02-10282; D.C. No. CR-01-00151-HDM/VPCCalifornia200 words

Opinion

Lead Opinion

MEMORANDUM *

Victor Rodriguez-Mungia (“RodriguezMungia”) appeals his sentence for unlawful re-entry into the United States, a violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

The district court increased RodriguezMungia’s base offense level by eight levels pursuant to U.S.S.G. § 2L1.2(b)(1)(C) because Rodriguez-Mungia re-entered the United States after “a conviction for an aggravated felony.” Rodriguez-Mungia argues that his twelve-month sentence for a misdemeanor conviction in Nevada should not be considered an aggravated felony. “Aggravated felony” is defined to include “a crime of violence ... for which the term of imprisonment [is] at least one year.” 8 U.S.C. § 1101 (a)(43)(F). We “interpreted the clause ‘at least one year’ to include those [misdemeanor] crimes that receive a sentence of exactly one year.” United States v. Gonzalez-Tamariz, 310 F.3d 1168, 1171 (9th Cir.2002) as amended Jan. 13, 2003. Rodriguez-Mungia’s twelve-month sentence for his Nevada misdemeanor conviction meets this definition of “aggravated felony.” Accordingly, we affirm the district court.

AFFIRMED.

This disposition is not…

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