United States v. Jesus Navia-Perez

MEMORANDUM

Jesus Navia-Perez (“Navia”) appeals his conviction by guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Following his guilty plea, Navia received a below-Guidelines sentence of 51 months in prison followed by three years of supervised release based on his offense level of 22 and criminal history category of V. This included a 16-level increase for his prior conviction of preventing/dissuading a witness by threat or force, a crime of violence pursuant to U.S.S.G. § 2L1.2(b)(1)(A). On appeal, Navia argues that the court erred in applying the 16-level crime of violence enhancement because the prior conviction of preventing/dissuading a witness by threat or force is not a crime of violence. He also contends that the district court erred in imposing two criminal history points for Na-via’s predicate illegal entry conviction, and in failing to establish the appropriate Guidelines range. Finally, Navia contends that his 51-month sentence is substantially unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Navia argues that his conviction for preventing/dissuading a witness with threat or force is not a crime of…