Gonzalez-Tadeo
United States v. Gonzalez-Tadeo
Opinion
Lead Opinion
*57 MEMORANDUM **
David Gonzalez-Tadeo appeals his 37-month sentence imposed after pleading guilty to unlawful re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 .
Gonzalez-Tadeo contends that his prior conviction under Idaho’s statute for battery with intent to commit a serious felony is not a categorical crime of violence, and the enhancement violated Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir.2005) (en banc). We reject this contention. See United States v. Smith, 390 F.3d 661, 666-67 (9th Cir.2004) (noting that a modified categorical approach does not permit inquiry into the underlying facts of conviction and that Apprendi is not violated in such prior conviction determinations); see also United States v. Quintana-Quintana, 383 F.3d 1052, 1053 (9th Cir.2004) (order).
Because appellant was sentenced under the then-mandatory Sentencing Guidelines, we remand the sentence for further proceedings consistent with Ameline, 409 F.3d at 1084-85 . See United States v. Hermosa-Garcia, 413 F.3d 1085, 1089 (9th Cir.2005).