Espinoza-Garcia

MEMORANDUM **

Espinoza-Garcia appeals from the sentence imposed pursuant to his guilty plea for illegal re-entry after deportation, 8 U.S.C. § 1326 , as enhanced under 8 U.S.C. § 1326 (b)(1) and United States Sentencing Guidelines Manual (U.S.S.G.) section 2L1.2(b)(l)(A)(ii) (2002). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The interpretation and application of the Sentencing Guidelines is reviewed de novo. United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir.2003). The district court’s application of the Guidelines to the facts of a particular case is reviewed for an abuse of discretion. United States v. Technic Servs., Inc., 314 F.3d 1031, 1038 (9th Cir.2002).

Sentencing Guidelines section 2L1.2(b)(l) 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. *352 § 2L1.2(b)(l). Espinoza-Garcia’s prior state law conviction meets both the definitions of “felony” and “crime of violence” found in section 2L1.2’s Application Notes. “Assault in the third degree is a Class C felony” under…