Antonio-Cruz

United States v. Antonio-Cruz

Good Law
262 F. App'x 825
United States Court of Appeals for the Ninth CircuitJanuary 7, 2008No. 07-10006California196 words

Opinion

lead Opinion

*826 MEMORANDUM **

Cayetano Antonio-Cruz appeals a district judge’s application of a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) for his prior involuntary manslaughter conviction.

We have carefully examined the South Carolina cases cited by counsel in their 28(j) letters. Considering the requirement in Gonzales v. Duenas-Alvarez 1 that the crime be a realistic instead of theoretical possibility, South Carolina involuntary manslaughter 2 fits within the generic definition of manslaughter. 3 The distinction between the two statutes is one of word choice, not a “meaningful distinction” between the application of the two provisions. 4

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

. Gonzales v. Duenas-Alvarez, 549 U.S. 183 , 127 S.Ct. 815, 822 , 166 L.Ed.2d 683 (2007).

. S.C.Code § 16-3-60; State v. Crosby, 355 S.C. 47 , 584 S.E.2d 110, 112 (2003).

. See Taylor v. United States, 495 U.S. 575, 598 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990); United States v. Gonzalez-Perez, 472 F.3d 1158, 1161 (9th Cir.2007).

. See United States v. Velasquez-Reyes, 427 F.3d…

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