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U.S. v. RUIZ-APOLONIO

No. 10-50306.

657 F.3d 907 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Pablo RUIZ-APOLONIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2011.

Attorney(s) appearing for the Case

James Fife , Assistant Federal Public Defender, Federal Defenders of San Diego, Inc., for defendant-appellant Pablo Ruiz-Apolonio.

Laura E. Duffy , United States Attorney, and Bruce R. Castetter and Daniel Earl Zipp , Assistant United States Attorneys, San Diego, CA, for plaintiff-appellee United States of America.

Before: BETTY B. FLETCHER and KIM McLANE WARDLAW, Circuit Judges, and BRETT M. KAVANAUGH, Circuit Judge.

OPINION

WARDLAW, Circuit Judge:

Pablo Ruiz-Apolonio appeals the 46-month sentence of imprisonment imposed following his guilty plea to one count of illegal reentry under 8 U.S.C. § 1326. Because we agree with the district court that a conviction for forcible rape under California Penal Code § 261(a)(2) is categorically a "crime of violence" as defined by the Sentencing Guidelines, we hold that the district court correctly imposed a 16-level sentencing...

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