United States v. Bolanos-Hernandez

OPINION

TASHIMA, Circuit Judge:

Jose Bolanos-Hernandez (“Bolanos”) appeals the sentence imposed after he pleaded guilty to illegal re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326. He contends that his sentence should be reversed because: (1) his prior conviction for assault with intent to commit rape is not a crime of violence; and (2) the .district court improperly found that he was subject to a prior conviction and that he had been deported subsequent to that conviction. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291.

We hold that…