United States v. Librado Lopez-Torres

GOODWIN, Circuit Judge:

This appeal involves the unlawful reentry of a deported alien whose sentence was enhanced due to a prior conviction for shooting at an occupied motor vehicle in violation of California Penal Code section 246. We hold that a conviction under California Penal Code 246 is categorically a crime of violence under Sentencing Guideline § 2L1.2, and affirm the enhancement.

I

On December 13, 2004, Librado Lopez-Torres pleaded guilty to one count of unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. Lopez-Torres filed supplemental objections to the pre-sentence…