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Becerril-Lopez; U.S. v.

Facts

Defendant was apprehended just north of the border near San Ysidro on July 4, 2005. He had previously been deported in 1995 and was indicted on charges of being a deported alien found in the United States in violation of 1326(a). The district court found that he had a base offense level of 8 and imposed a 16-level enhancement based on a prior conviction for robbery under California Penal Code 211. He was sentenced to 100 months in prison and three years of supervised release.

Defendant was apprehended just north of the border near San Ysidro on July 4, 2005. He had previously been deported in 1995 and was indicted on charges of being a deported alien found in the United States in violation of 1326(a). The district court found that he had a base offense level of 8 and imposed a 16-level enhancement based on a prior conviction for robbery under California Penal Code 211. He was sentenced to 100 months in prison and three years of supervised release.

Issue

Whether the defendant's prior conviction under California Penal Code 211 qualifies as a 'crime of violence' under the sentence enhancement provision for illegal re-entry crimes.

Whether the defendant's prior conviction under California Penal Code 211 qualifies as a 'crime of violence' under the sentence enhancement provision for illegal re-entry crimes.

Rule

Criminal defendants who have reentered the country after being deported are subject to a 16-level sentencing enhancement if they were previously convicted of a 'crime of violence' as defined by U.S.S.G. 2L1.2.

Criminal defendants like Becerril who have reentered the country after being deported are subject to a 16-level sentencing enhancement if they were previously convicted of a 'crime of violence.' See U.S.S.G. 2L1.2.

Analysis

The court applied the rule by determining that the defendant's prior conviction for robbery under California Penal Code 211 met the criteria for a 'crime of violence.' The court reviewed the facts of the case and the nature of the prior conviction, concluding that the enhancement was appropriate and that the defendant had not demonstrated any prejudicial error in the proceedings.

The court applied the rule by determining that the defendant's prior conviction for robbery under California Penal Code 211 met the criteria for a 'crime of violence.' The court reviewed the facts of the case and the nature of the prior conviction, concluding that the enhancement was appropriate and that the defendant had not demonstrated any prejudicial error in the proceedings.

Conclusion

The appellate court affirmed the defendant's conviction and sentence, finding that the sentence enhancement was proper and that the defendant's arguments did not warrant reversal.

The appellate court affirmed the defendant's conviction and sentence, finding that the sentence enhancement was proper and that the defendant's arguments did not warrant reversal.

Who won?

The United States prevailed in the case because the appellate court upheld the conviction and sentence, finding that the defendant's prior conviction qualified as a 'crime of violence' and that the sentencing was procedurally reasonable.

The United States prevailed in the case because the appellate court upheld the conviction and sentence, finding that the defendant's prior conviction qualified as a 'crime of violence' and that the sentencing was procedurally reasonable.

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