United States v. Francisco Bonilla-Montenegro

Francisco Bonilla-Montenegro (“Bonilla”) appeals from his conviction and sentence for attempted reentry after deportation and false claim to United States citizenship in violation of 8 U.S.C. § 1326 and 18 U.S.C. § 911 , respectively. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 1294(1). Because Bonilla’s sentence is error-free, we AFFIRM.

I. FACTS/PROCEDURAL HISTORY

A jury convicted Bonilla of attempted reentry after deportation, in violation of 8 U.S.C. § 1326, and false claim to United States citizenship, in violation of 18 U.S.C. § 911 . The district court sentenced Bonilla on March 11, 2002, and Bonilla filed a timely notice of appeal.

Bonilla assigns as error the district court’s application of a sixteen-level enhancement to his offense calculation. Specifically, Bonilla contends that a typographical error contained within the Judgment and Conviction (“J & C”) renders his sentence void. Bonilla further contends that the government failed to prove Bonilla’s conviction of an aggravated felony by clear and convincing evidence. Finally, Bonilla argues that his prior conviction for voluntary manslaughter is not a “crime of violence” within the meaning of…