Rodriguez-Camargo

MEMORANDUM **

Jose Luis Rodriguez-Camargo appeals from his 46-month sentence following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the sentence and remand to correct the judgment.

Rodriguez-Camargo contends that the district court committed plain error by applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2 because his prior California conviction for attempted murder under Cal.Penal Code § § 664, 187(a) is not categorically a crime of violence. We need not decide whether attempted murder under California law is categorically a crime of violence because the record demonstrates that Rodriguez-Camargo admitted to suffering a prior conviction for shooting into an inhabited building, in violation of Cal.Penal Code § 246, which this court has held constitutes a crime of violence for enhancement purposes under § 2L1.2. See United States v. Cortez-Arias, 403 F.3d 1111, 1116 (9th Cir.2005)(“We conclude that shooting at an inhabited dwelling, in violation of California Penal Code section 246, is a ‘crime of violence’ under…