United States v. Luis Miranda

MEMORANDUM

Luis Flores Miranda pled guilty to reentering the United States unlawfully (in violation of 8 U.S.C. § 1326 ), a crime for which the district court imposed a sentence of 54 months. Miranda appeals his sentence, contending the district court relieved the Government improperly of its burden of proving a sentencing enhancement, and in any event, imposed a substantively unreasonable sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Because Miranda had earlier been convicted of violating California Penal Code § 245(a)(1) — assault with a deadly weapon — and subsequently removed to Mexico, the district court applied U.S.S.G. § 2L1.2(b)(l)(A)(ii) in sentencing him. Section 2L1.2(b)(l)(A)(ii) prescribes a 16-level sentencing enhancement for a defen dant who has previously been removed after committing a felonious crime of violence. Section 245(a)(1), which indisputably proscribes a crime of violence, United States v. Grajeda, 581 F.8d 1186, 1197 (9th Cir.2009), is also a “wobbler,” Le., a California law the violation of which can be sentenced as either a felony or a misdemeanor — and if sentenced as a felony, can be converted…