United States v. Perez-Tapia

MEMORANDUM ***

Javier Perez-Tapia appeals his sentence following a guilty plea for attempted reentry after deportation, in violation of 8 U.S.C. § 1326. We affirm.

Perez’s California state arson conviction was a “crime of violence” for purposes of applying the 16-level sentencing enhancement in U.S.S.G. § 2L1.2(b)(l)(A)(ii). The Guideline Commentary Notes specifically list “arson” as one of the crimes of violence that trigger the 16-level enhancement. See U.S.S.G. § 2L1.2, cmt. n. l(B)(iii). Perez’s arson conviction triggers the enhancement as *418long as the statute under which he was convicted…