Garcia

United States v. Garcia

Good Law
97 F. App'x 780
United States Court of Appeals for the Ninth CircuitMay 19, 2004No. 03-50240California314 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Luis Garcia appeals the district court’s imposition of a 16-level sentencing enhancement, pursuant to United States Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(l)(A)(ii), to his sentence for attempted unlawful entry into the United States after deportation in violation of 8 U.S.C. § 1326 . We review the district court’s interpretation of the sentencing guidelines de novo, United States v. Bonilla-Montenegro, 331 F.3d 1047, 1049 (9th Cir.2003), and its factual findings for clear error, United States v. Riley, 335 F.3d 919, *781 925 (9th Cir.2003). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

The district court correctly found that the government proved by clear and convincing evidence that Garcia suffered a 1978 conviction for Battery Upon a Peace Officer, see Bonilla-Montenegro, 331 F.3d at 1049 , and, therefore, correctly enhanced Garcia’s sentence under U.S.S.G. § 2L1.2(b)(l)(A)(ii). That a Notice of Appeal was filed and that there are marks on the Court Action form does not mean that the government failed to meet its burden to prove the previous conviction. The official records do not show any reversal on appeal.

We review Garcia’s…

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