U.S. v. ESPINOZA-MORALES

No. 09-50267.

621 F.3d 1141 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Arvin ESPINOZA-MORALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2010.


Attorney(s) appearing for the Case

Doug Keller , Federal Defenders of San Diego, CA, for defendant-appellant Arvin Espinoza-Morales.

Amy Dell , Special Assistant United States Attorney, and Shelia Nagarai (argued), Assistant United States Attorney, San Diego, CA, for plaintiff-appellee, United States of America.

Opinion by Judge PAEZ; Dissent by Judge WALTER.


OPINION

PAEZ, Circuit Judge:

Arvin Espinoza-Morales appeals the 57-month sentence imposed following his guilty plea to attempted reentry following deportation in violation of 8 U.S.C. § 1326. In particular, Espinoza challenges the district court's application of U.S. Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(1)(A)(ii), which imposes a 16-level enhancement where a defendant has previously been convicted of a felony "crime of violence." In this...

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