Macias-Fuentes

MEMORANDUM ***

1. The district judge did not err in enhancing Macias-Fuentes’s sentence under 8 U.S.C. § 1326 (b). United States v. Almazara-Becerra, 456 F.3d 949, 955 (9th Cir.2006) (continuing to apply Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998)).

2. A crime of violence has as an element the “threatened use of physical force against the person of another.” U.S.S.G. § 2L1.2 cmt. l(B)(iii). There is no requirement that the defendant threaten to use that force directly against the person of another. Threats to indirectly harm a person by blowing up a building or administering poison are nonetheless threats to the person. Threats to property, if made knowing that physical harm to a person would likely result from the property damage, are crimes of violence. Cf. People v. Maciel, 113 Cal.App.4th 679 , 6 Cal.Rptr.3d 628, 632 (2003) (conviction under CaLPenal Code § 422 requires that the defendant intend “the listener to believe death or great bodily injury will be inflicted”). The district judge thus did not plainly err in imposing a 16-level enhancement.

3. The condition that Macias-Fuentes report to his probation officer upon…