Balderamas-Madrid

MEMORANDUM **

Pedro Balderamas-Madrid appeals from a judgment of conviction entered in the United States District Court for the Southern District of California, convicting him, after a plea of guilty, of one count of being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326 . The defendant was sentenced principally to a period of incarceration of fifty-four months, sixteen months below the applicable range provided by the Sentencing Guidelines. We affirm.

The applicable range prescribed by the Sentencing Guidelines was seventy to eighty-seven months. This resulted from a sixteen-level enhancement based on the defendant’s conviction of a prior “crime of violence.” The charging instrument to which he had previously pled alleged a violation of California Penal Code § 220. Closely tracking the language of § 220, the information alleged, in relevant part, that the defendant “did unlawfully assault Donna Ortiz, with the intent to commit rape, sodomy, oral copulation, and a violation of sections 264.1, 288 and 289 [of the California Penal Code].”

The defendant argues that the district court erred in finding that the crime of which he had been…