Salazar-Cruz
United States v. Salazar-Cruz
Opinion
Lead Opinion
MEMORANDUM **
Manuel Salazar-Cruz appeals from the district court’s imposition of a 57-month sentence. Salazar-Cruz pled guilty to violating 8 U.S.C. § 1326 for being an illegal alien found in the United States following deportation. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 .
Salazar-Cruz argues that the district court plainly erred when it increased his Offense Level by sixteen points for a “crime of violence” on account of his California voluntary manslaughter conviction. This argument fails because that offense is indeed “a ‘crime of violence’ for purposes of U.S.S.G. § 2L1.2.” United States v. Bonilla-Montenegro, 331 F.3d 1047, 1052 *388 (9th Cir.2003). Furthermore, the Sentencing Guidelines state that “[p]rior convictions of offenses counted under subsection (b)(1) include the offenses of aiding and abetting, conspiring, and attempting, to commit such offenses.” U.S. Sentencing Guidelines Manual § 2L1.2 cmt. n. 5 (2005).
Salazar-Cruz also asserts that the district court erroneously applied the guideline range as “a presumptive sentence” and did not adequately review the 18 U.S.C. § 3553 (a) factors or detail its sentencing decision. We…