United States v. Maria Contreras-Salas, AKA Maria Brooks

Maria Contreras-Salas pled guilty in July 2003 to unlawful reentry after deportation in violation of 8 U.S.C. § 1326 . Sentencing for a violation of § 1326 is governed by § 2L1.2 of the Sentencing Guidelines, which mandates a 16-level increase to the base offense level if the defendant was previously convicted for a felony “crime of violence.” The district court concluded that Contreras-Salas’ pri- or jury conviction in 1987 for “Child Abuse and/or Neglect Causing Substantial Bodily Harm” under Nevada Revised Statutes § 200.508 was a crime of violence, imposed the 16-level increase to the base offense level and sentenced her to 77 months’ imprisonment, followed by three years of supervised release.

We review the district court’s interpretation of the Sentencing Guidelines de novo. United States v. Castillo-Rivera, 244 F.3d 1020, 1021 (9th Cir.2001). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Contreras-Salas argues that Nevada’s child abuse statute is overly inclusive and punishes some conduct that does not constitute a “crime of violence.” She further contends that documents the district court relied on — the charging document, the pre-sentence report and the judgment —…