United States v. Francisco Campos-Fuerte

This case requires us to decide whether a conviction under California Vehicle Code § 2800.2 is a crime of violence as defined by 18 U.S.C. § 16 (b). We hold that it is and therefore qualifies as an aggravated felony under U.S.S.G. § 2L1.2(b)(l)(C). We lack jurisdiction to review the district court’s discretionary refusal to depart downward from the sentencing guidelines. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm the district court.

FACTUAL BACKGROUND

In 1992, Appellant Francisco Campos-Fuerte (“Campos-Fuerte”) was convicted in a California court of flight from a police officer in willful and wanton disregard for safety in violation of California Vehicle Code § 2800.2. The United States removed him to Mexico upon his release from state custody in 1996. Campos-Fuerte was subsequently arrested in the Eastern District of California by state authorities for driving under the influence in August 2002.

A federal grand jury indicted Campos-Fuerte for violating 8 U.S.C. § 1326 , based on his 1996 deportation, and thereafter being found in the United States at the time of his 2002 arrest. Campos-Fuerte pled guilty to the federal charge,…