Flores-Moreno
United States v. Flores-Moreno
Opinion
Lead Opinion
MEMORANDUM **
Flores-Moreno appeals from the sentence imposed pursuant to his conviction *664 for re-entry after deportation, 8 U.S.C. § 1326 , as enhanced by 8 U.S.C. § 1326 (b)(1) and the United States Sentencing Guidelines Manual (U.S.S.G.) § 2L1.2(b)(l)(A)(n) (2002). 28 U.S.C. § 1291 provides us with jurisdiction, and we affirm.
We review the interpretation of the Sentencing Guidelines de novo. United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir. 2003).
Section 2L1.2(b)(l) of the Sentencing Guidelines imposes a sixteen-level sentencing enhancement “[i]f the defendant previously was deported, or unlawfully remained in the United States, after — (A) a conviction for a felony that is ... (ii) a crime of violence.... ” U.S.S.G. § 2L1.2(b)(l). Flores-Moreno maintained in his initial brief that only prior convictions meeting 8 U.S.C. § 1101 (a)(43)(F)’s definition of an “aggravated felony” qualify for the sixteen-level enhancement. This argument has been foreclosed, as Flores-Moreno now concedes, by our decision in United States v. Pimentel-Flores, 339 F.3d 959 (9th Cir.2003). Id. at 963 (‘We hold that under United States Sentencing Guideline § 2L1.2, amended as effective…