United States v. Florentino Marquez-Lobos
Opinion
Opinion
DISCUSSION
I. Sentencing Guidelines and Arizona Revised Statute
§ 13-1304
[1] The crime of unlawfully entering the United States under 8 U.S.C. § 1326 carries a base offense level of 8 under 11630 UNITED STATES v. MARQUEZ-LOBOS the Sentencing Guidelines. U.S.S.G. § 2L1.2(a). A defen- dant’s base offense level may be increased by 16 levels if he has a prior felony conviction that qualifies as a “crime of vio- lence.” Id. § 2L1.2(b)(1)(A). The Sentencing Guidelines define a “crime of violence” as:
[A]ny of the following offenses under federal, state, or local law: Murder, manslaughter, kidnapping, aggravated assault, forcible sex offenses (including where consent to the conduct is not given or is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced), statutory rape, sexual abuse of a minor, robbery, arson, extor- tion, extortionate extension of credit, burglary of a dwelling, or any other offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another.
Id. § 2L1.2 Application Notes 1.B.iii (emphasis added).