Terrazas-Escobedo

United States v. Terrazas-Escobedo

Good Law
68 F. App'x 779
United States Court of Appeals for the Ninth CircuitJune 13, 2003No. 02-30418California529 words

Opinion

Lead Opinion

MEMORANDUM **

Mariano Terrazas-Escobedo appeals the district court’s imposition of a sixteen-point sentencing enhancement, arguing that his past conviction for assault in violation of a no-contact order under Washington law does not constitute a crime of violence. We review de novo the district court’s decision to use a prior conviction for sentencing purposes. See United States v. Trinidad-Aquino, 259 F.3d 1140, 1142 (9th Cir.2001). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in awarding the sixteen-point enhancement because the offense of assault under Washington law is a crime of violence. The information, judgment order, and Terrazas-Escobedo’s signed plea agreement reveal that Terrazas-Eseobedo’s past conviction was for assault in violation of a no-contact order, which is a criminal offense under RCW § 26.50.110(4). See United States v. Franklin, 235 F.3d 1165 , 1170 n. 5 (9th Cir.2000) (observing that a court can look to charging papers in conjunction with a judgment of conviction or a signed plea agreement to determine the nature of the defendant’s offense conduct). Under Washington law, a defendant can commit assault…

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