United States v. Torres-Ruiz

BRISCOE, Circuit Judge.

Defendant Jose Torres-Ruiz appeals the sentence imposed after he pled- guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326. Torres-Ruiz contends the district court erred in characterizing a prior California state conviction for felony driving under the influence as a “crime of violence” for purposes of U.S.S.G. § 2L1.2. We exercise jurisdiction pursuant to 28 U.S.C. § 1291, vacate Torres-Ruiz’ sentence, and remand for resen-tencing.

I

On January 13, 2003, Torres-Ruiz was arrested after he jumped from a bus as it was traveling on Interstate 15…