U.S. v. SALAZAR-MOJICA

No. 09-50632.

634 F.3d 1070 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar Julio SALAZAR-MOJICA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2011.


Attorney(s) appearing for the Case

Zandra L. Lopez , San Diego, CA, for the appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Chief, Appellate Section, Tara K. McGrath (briefed), and Mark R. Rehe (briefed), Assistant United States Attorneys, San Diego, CA, for the appellee.

Before: HARRY PREGERSON and RICHARD R. CLIFTON, Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.


OPINION

CLIFTON, Circuit Judge:

Cesar Julio Salazar-Mojica ("Salazar") was convicted of being a deported alien found in the United States in violation of 8 U.S.C. § 1326. In calculating Salazar's sentencing range under the now-advisory Sentencing Guidelines, the district court applied a 16-level sentencing enhancement on two independent grounds, one of which was that prior to his deportation Salazar had been convicted of a felony crime of violence....

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