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UNITED STATES v. TORRES

No. 05-10392.

443 F.3d 1182 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Librado LOPEZ-TORRES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2006.

Attorney(s) appearing for the Case

Arthur L. Allen, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

Robert A. Bork, Assistant U.S. Attorney, Las Vegas, NV, for the plaintiff-appellee.

Before: GOODWIN, B. FLETCHER, and FISHER, Circuit Judges.

GOODWIN, Circuit Judge.

This appeal involves the unlawful reentry of a deported alien whose sentence was enhanced due to a prior conviction for shooting at an occupied motor vehicle in violation of California Penal Code section 246. We hold that a conviction under California Penal Code 246 is categorically a crime of violence under Sentencing Guideline § 2L1.2, and affirm the enhancement.

I.

On December 13, 2004, Librado Lopez-Torres pleaded...

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