United States v. Espinoza-Morales

Opinion by Judge PAEZ; Dissent by Judge WALTER.

OPINION

PAEZ, Circuit Judge:

Arvin Espinoza-Morales appeals the 57-month sentence imposed following his guilty plea to attempted reentry following deportation in violation of 8 U.S.C. § 1326. In particular, Espinoza challenges the district court’s application of U.S. Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(l)(A)(ii), which imposes a 16-level enhancement where a defendant has previously been convicted of a felony “crime of violence.” In this appeal, we consider whether Espinoza’s prior conviction for sexual battery under California Penal Code…