U.S. v. CAMPOS-FUERTE

No. 03-10055.

357 F.3d 956 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco CAMPOS-FUERTE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2004.


Attorney(s) appearing for the Case

W. Scott Quinlan, Fresno, CA, for the appellant.

David L. Gappa, Assistant United States Attorney, Fresno, CA, for the appellee.

Before HUG, JR., B. FLETCHER, and TASHIMA, Circuit Judges.


OPINION

HUG, JR., Circuit Judge:

This case requires us to decide whether a conviction under California Vehicle Code § 2800.2 is a crime of violence as defined by 18 U.S.C. § 16(b). We hold that it is and therefore qualifies as an aggravated felony under U.S.S.G. § 2L1.2(b)(1)(C). We lack jurisdiction to review the district court's discretionary refusal to depart downward from the sentencing guidelines. We have jurisdiction under 28 U.S.C....

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