United States v. Grajeda

PAEZ, Circuit Judge:

Gerardo Grajeda appeals from the 78-month sentence imposed following his plea of guilty to illegal reentry in violation of 8 U.S.C. § 1326. In arriving at this sentence, the district court applied a sixteen-level enhancement to Grajeda’s offense level based on a determination that Grajeda had been previously convicted of assault with a deadly weapon or by means likely to produce great bodily injury under California Penal Code section 245(a)(1), and that such conviction was a “crime of violence” under United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2(b)(l)(A)(ii).

In…