United States v. Raymond Lozano

MEMORANDUM

Raymond Lozano appeals the district court’s imposition of his 262-month sentence. Lozano contends that the district court erred in enhancing his sentence pursuant to the. career offender enhancement. See U.S.S.G. § § 4Bl.l(a) and 4B1.2. Lo-zano specifically asserts that the enhancement is inappropriate because his 1998 California conviction for false imprisonment in violation of California Penal Code §§ 236 and 237 is not a crime of violence under § 4B1.2(a)(2) of the Guidelines. We have jurisdiction pursuant to 18 U.S.C. § 3742 and affirm the district court.

Because California Penal Code §§ 236 and 237 may be violated through the use of deceit, Lozano’s conviction is not categorically a crime of violence. See People v. Rios, 177 Cal.App.3d 445, 451-52 , 222 Cal.Rptr. 913 (1986); see also Sykes v. United States, — U.S. -, 131 S.Ct. 2267, 2273 , 180 L.Ed.2d 60 (2011) (explaining that a crime is not categorically a crime of violence if it can be effected in a non-violent manner). However, Lozano’s conviction meets the requirements for a crime of violence under the modified categorical approach. The district court correctly determined that Lozano’s admission in his…