Figueroa-Arroyo

United States v. Figueroa-Arroyo

Good Law
158 F. App'x 21
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-10551California437 words

Opinion

Lead Opinion

MEMORANDUM **

Roberto Figueroa-Arroyo appeals the sentence imposed following his guilty plea conviction to one count of unlawful reentry of a previously deported alien in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Figueroa-Arroyo contends that district court erred in applying a 16 point offense level increase under U.S.S.G. *22 § 2L1.2(B)(l)(a)(ii) based on a prior state burglary conviction because the government failed to conclusively establish that the conviction qualified as a prior violent felony. Because Figueroa-Arroyo did not object to this enhancement in district court, our review is limited to plain error. See United States v. Campbell, 42 F.3d 1199, 1204 (9th Cir.1994).

We conclude that the district court did not plainly err in determining that this conviction constitutes a violent felony. The 1990 Information — to which Figueroa-Arroyo pleaded guilty — alleged that he “did willfully and unlawfully enter an inhabited dwelling house and trailer coach and inhabited portion of a building occupied by Chad Coleman, with the intent to commit larceny and any felony.” This court has previously found “that such language charges a violent…

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