United States v. Eder Mendez-Henriquez

RHESA HAWKINS BARKSDALE, Circuit Judge:

The one issue on appeal is whether a prior offense constitutes a crime of violence (COV) for imposing an enhancement under the Sentencing Guidelines. In challenging his sentence for illegal reentry after removal, in violation of 8 U.S.C. § 1326, Eder Vladimir Mendez-Henriquez asserts his sentence was erroneously enhanced under Guideline § 2L1.2, based on the district court’s concluding he committed a COV; he maintains his 2008 conviction, of California Penal Code § 246 — for maliciously and willfully discharging a firearm at an occupied motor vehicle —…