U.S. v. VELASQUEZ-REYES

No. 04-30292.

427 F.3d 1227 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Javier VELASQUEZ-REYES, a.k.a. Javier Alvarado-Hernandez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 2005.


Attorney(s) appearing for the Case

Anne Walstrom and Kurt Rowland, Federal Defenders of Eastern Washington and Idaho, Yakima, WA, for the defendant-appellant.

James P. Hagarty, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.

Before SCHROEDER, Chief Judge, ALARCÓN and EDWARD LEAVY, Circuit Judges.


ALARCÓN, Circuit Judge.

Defendant Javier Velasquez-Reyes appeals from the order sentencing him to 48 months of imprisonment on the ground that the district court erred in imposing a 16-level enhancement to his sentence based on a prior conviction for second degree arson under Washington law. He contends that second degree arson is not a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A)(ii). We affirm the imposition of the 16-level enhancement because we...

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