United States v. Pedro Diaz-Calderone

KLEINFELD, Circuit Judge:

We address whether, in the circumstances of this case, facts alleged in police officers’ affidavits established a sufficient basis for a “crime of violence” sentencing enhancement.

FACTS

Diaz-Calderone’s conviction and sentence before us was for being a deported alien found in or having reentered the United States without permission. 1 He received a sentence of 48 months’ imprisonment, towards the low end of his guidelines range of 46-57 months. His guidelines range would have been considerably lower had he not received a sixteen level enhancement for a prior conviction…