United States v. Alfaro

KING, Chief Judge:

Defendant-Appellant Carlos Alfredo Al-faro pled guilty to being knowingly and unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326, 6 U.S.C. § 202, and 6 U.S.C. § 557. At sentencing, the district court increased his offense level by sixteen points pursuant to United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2(b)(l)(A)(ii) (2002), which provides for an enhancement if the defendant previously had been convicted of a “crime of violence.” Alfaro now appeals his sentence of fifty months, arguing that the district court erred by: (1)…