United States v. Gonzalez-Jaquez

McCONNELL, Circuit Judge.

Appellant asks us to remand his case for re-sentencing because of the district court’s impermissible reliance on the presentencing report (PSR) to determine that he had committed a “crime of violence.” We affirm.

I. Facts

On July 20, 2007, Javier Gonzalez-Jaquez (hereinafter “Mr. Gonzalez”), pled guilty to illegally re-entering the United States. The probate officer prepared a PSR, recommending a sixteen level enhancement based on Mr. Gonzalez’s prior California state conviction for sexual battery, which it deemed a “crime of violence.” See U.S.S.G. § 2L1.2(b)(l)(A)(ii)…