United States v. Rodriguez-Samano

MEMORANDUM**

Defendant Armando Rodriguez-Samano appeals his sentence, contending that the district court erred in increasing his offense level by eight levels based on its conclusion that defendant’s Arizona conviction for second degree escape constituted a crime of violence, and therefore an aggravated felony, for purposes of the guidelines.

The relevant guideline is U.S.S.G. § 2L1.2(b)(l)(C), not U.S.S.G. § 4B1.2. For purposes of § 2L1.2(b)(l)(C), an “aggravated felony” is defined in 8 U.S.C. § 1101(a)(43). See U.S.S.G. § 2L1.2, cmt. n. 3(A). That definition includes a “crime of violence,” in…