United States v. Martinez-Zamaripa

MURPHY, Circuit Judge.

Defendant David Martinez-Zamaripa pleaded guilty to being an alien present in the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court imposed a sentence of 54 months based on a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) for pri- or conviction of a crime of violence, citing Martinez-Zamaripa’s Oklahoma conviction for indecent proposal to a child in 1995. Martinez-Zamaripa now appeals, arguing that his state conviction should not have been considered a crime of violence under the Guideline. We exercise…