United States v. Jose Cobo-Raymundo

MEMORANDUM

Jose Cobo-Raymundo appeals his sentence of 51 months’ imprisonment following his conviction under 8 U.S.C. § 1326 (a) and (b)(2). We affirm.

Cobo-Raymundo challenges the district court’s conclusion that his prior conviction for unlawful wounding under Virginia Code § 18.2-51 qualified as a “crime of violence” under the definition at U.S. Sentencing Guidelines Manual § 2L1.2(b)(l)(A)(ii). He also challenges the district court’s decision not to reduce sua sponte his total offense level when calculating his sentencing Guidelines range. Because Cobo-Raymundo did not raise these issues before the district court, we review for plain error. United States v. Ayala-Nicanor, 659 F.3d 744, 746-47 (9th Cir.2011); United States v. Ross, 511 F.3d 1233, 1235 (9th Cir.2008). We may reverse for plain error when the appellant shows that “(1) there was error; (2) the error committed was plain; (3) the error affected substantial rights; and (4) the error seriously affected the fairness, integrity, or public reputation of judicial proceedings.” United States v. Gonzalez-Aparicio, 663 F.3d 419, 428 (9th Cir.2011).

We note first that the district court simply accepted the conclusion of the…