United States v. Velasquez-Bosque
Court of Appeals for the Ninth Circuit
1Opinion of the Court
IKUTA, Circuit Judge:
We are asked to decide whether carjacking under California Penal Code section 215 is a categorical crime of violence under U.S.S.G. § 2L1.2(b)(l)(A)(ii). We hold that it is, and we reverse.
I
Fernando Velasquez-Bosque was convicted of violating 8 U.S.C. § 1326, which makes it a crime for an alien who has been removed from the United States to reenter the country. Velasquez-Bosque had a previous felony conviction for carjacking under California Penal Code section 215. At sentencing on the § 1326 conviction, the government urged the district court to increase…
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