United States v. Jose Emilio Cortez-Arias

GOULD, Circuit Judge:

Jose Emilio Cortez-Arias appeals from the 46-month prison sentence that the district court imposed for illegal re-entry into the United States after being deported, in violation of 8 U.S.C. § 1326(a). The district court imposed a sixteen level increase in offense level pursuant to United States Sentencing Commission, Guidelines Manual (USSG), § 2L1.2(b)(l)(A), because it found that under our precedent in United States v. Weinert, 1 F.3d 889 (9th Cir.1993) (per curiam), Cortez-Arias’s prior conviction for shooting at an inhabited dwelling, in violation of California Penal…