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U.S. v. BECERRIL-LOPEZ

No. 05-50979.

528 F.3d 1133 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Raul BECERRIL-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted June 5, 2008.

Filed June 12, 2008.

Attorney(s) appearing for the Case

Stephanie J. Lacambra, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Matthew J. Gardner and Mark R. Rehe, Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee.

Before HARRY PREGERSON, CYNTHIA HOLCOMB HALL, and HAWKINS, Circuit Judges.

HALL, Circuit Judge:

Raul Becerril-Lopez ("Becerril") appeals his jury conviction and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Among other claims, he argues that his prior conviction under California Penal Code § 211 does not qualify as a "crime of violence" under the sentence enhancement provision for illegal re-entry crimes. We hold that it does, and we affirm.

I. Background

Becerril...

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