Alamilla-Marvan

MEMORANDUM **

Orvill Alamilla-Marvan (Alamilla) appeals his conviction and sentence for violations of 8 U.S.C. § 1326 (Deported Alien Found in the United States) and 18 U.S.C. § 758 (High Speed Flight from Immigration Checkpoint).

1. Evidence of the automobile accident was relevant to determining the speed of Alamilla’s car. Additionally, any prejudice did not substantially outweigh the probative value of the evidence under Federal Rule of Evid. 403.

2. Although evidence of more than one date of removal was presented at trial, the removal subsequent to Alamilla’s aggravated felony conviction was the focus of the government’s presentation. Thus, if Apprendi error, it was harmless. See United States v. Martinez-Rodriguez, 468 F.3d 1182, 1187 (9th Cir.2006).

3. The district court did not err in enhancing Alamilla’s sentence for aggravated assault and serious bodily injury. The record reflects that Alamilla intended to make contact with the pursuing police vehicles. Additionally, no intent is required if the defendant caused “serious bodily injury.” See United States Sentencing Guideline § 2A2.2 cmt. n. 1 (2006). The district court’s finding of serious bodily injury was supported…