United States v. Jorge Grajeda-Ramirez

We hold that a violation of Colorado’s reckless vehicular assault statute, Colo. Rev.Stat. § 18-3-205(1)(a), is a predicate “crime of violence” for the purposes of the sentencing guidelines.

Jorge Grajeda-Ramirez appeals his criminal sentence. Grajeda-Ramirez, a 27-year-old citizen of Mexico, was convicted of illegal reentry after deportation, a violation of 8 U.S.C. § 1326 . Sentencing for a violation of 8 U.S.C. § 1326 is controlled by United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2, which provides a 16-level increase to the base offense level if the defendant was previously deported after conviction for a felony “crime of violence.” The district court concluded that the offense for which Grajeda-Ra-mirez had previously been deported, reckless vehicular assault under Colo.Rev.Stat. § 18-3-205(1)(a) (2001), is a “crime of violence.” The district court imposed the 16-level increase to the base offense level, and sentenced Grajeda-Ramirez to 70 months’ imprisonment.

Grajeda-Ramirez argues that reckless vehicular assault is not a predicate crime of violence under U.S.S.G. § 2L1.2 (2002). He also argues that the district court misapplied § 2L1.2 by applying a 16 level…