Barrueta-Macedo

MEMORANDUM **

Appellant Faustino Barrueta-Macedo appeals the district court’s imposition of a 16-level sentencing enhancement under U.S.S.G. § 2L1.2 (2001) for his prior “aggravated assault” felony. Because Barrueta-Macedo’s prior felony qualified for a 16-level “crime of violence” guideline enhancement despite that the term of imprisonment imposed for that prior felony was less than one year, we AFFIRM.

Barrueta-Macedo was indicted in a one-count indictment charging him with illegal re-entry after deportation under 8 U.S.C. § 1326 , with a sentencing enhancement pursuant to 8 U.S.C. § 1326 (b)(1) for a prior felony. It is undisputed that Barrueta-Macedo had a prior conviction of two counts of “aggravated assault with a deadly weapon and injury to a child,” a felony for which he was sentenced to ten years probation. On May 7, 2002, Barrueta-Macedo pleaded guilty to the federal indictment pursuant to a written plea agreement, which included a four-level Sentencing Guideline enhancement for Barrueta-Macedo’s prior felony.

The Presentence Investigation Report (“PSR”) found that Barrueta-Macedo’s “aggravated assault” conviction qualified as a felony “crime of violence” under the…