United States v. Jose Flores-Mejia
Opinion
Opinion
Bybee, J.
Jose Flores-Mejia, an alien, was convicted of robbery under California Penal Code § 211 in 1994 and again in 1996. In March 2009, he was deported to Mexico and then arrested in September 2010 after he illegally reentered the United States. He pleaded guilty to a charge of unlawful reentry under 8 U.S.C. § 1326 (a). The Presentence Report recommended a 16- level enhancement in the offense level for his two prior robbery convictions, which it identified as crimes of violence under U.S. Sentencing Guideline (“U.S.S.G.”) § 2L1.2(b)(l)(A)(ii). Flores-Mejia objected to the enhancement, arguing that after a recent decision by the California Supreme Court, convictions under § 211 were no longer categorical crimes of violence. The district court rejected this argument and imposed the 16-level enhancement. Flores-Mejia timely appealed.
“We review de novo whether a pri- or conviction constitutes a crime of violence under U.S.S.G. § 2L1.2.” United States v. Espinoza-Morales, 621 F.3d 1141, 1144 (9th Cir.2010). We conclude that the district court did not err in rejecting Flores-Mejia’s argument and imposing the crime of violence enhancement, and we affirm.