United States v. Jose Alfaro-Enriquez

EDITH H. JONES, Circuit Judge: **

This appellant was sentenced to 41 months imprisonment for illegal reentry after the district court removed one criminal history point from his United States Sentencing Guidelines (“U.S.S.G.”) sentence calculation and then departed downward from a sentencing range of 46-57 months. The original range was calculated using a 16-level enhancement for a prior “felony” conviction in California for willful infliction of corporal injury. See U.S.S.G. § 2L1.2(b)(l)(A)(ii) (crime of violence). On appeal, for the first time, Alfaro-Enriquez argues that the court…