Ramos

United States v. Ramos

Good Law
312 F. App'x 852
United States Court of Appeals for the Ninth CircuitFebruary 19, 2009No. 07-50532California248 words

Opinion

Lead Opinion

MEMORANDUM **

On July 6, 2007, Juan Carlos Ramos pled guilty to illegal reentry, in violation of 8 U.S.C. § 1326 (a) & (b). On November 27, 2007, Ramos was sentenced to sixty-three months’ imprisonment, with three years supervised release. In the course of sentencing Ramos, the district court applied a sixteen-level enhancement to Ramos’s base offense level because Ramos had previously been deported after being convicted of carjacking under Cal.Penal Code § 215, which the district court held constituted a crime of violence within the meaning of United States Sentencing Guideline (“U.S.S.G.”) § 2L1.2. Ramos appeals his sentence, arguing that CaLPenal Code § 215 is not a categorical crime of violence under U.S.S.G. § 2L1.2 and therefore the district court’s imposition of a sixteen-level enhancement was erroneous.

We affirm, holding that a conviction under Cal.Penal Code § 215 categorically qualifies as a crime of violence under U.S.S.G. § 2L1.2, and therefore the district court’s imposition of a sixteen-level enhancement was appropriate. See United States v. Becerril-Lopez, 541 F.3d 881, 885 (9th Cir.2008) (holding that a conviction under California Penal Code § 211 is a…

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