United States v. Rojas-Gutierrez

E. GRADY JOLLY, Circuit Judge:

Juan Carlos Rojas-Gutierrez (“Rojas”) pled guilty to illegal reentry after deportation, a violation of 8 U.S.C § 1326(a) and (b)(2). The district court enhanced his sentence by sixteen levels after determining that Rojas’s prior conviction under California Penal Code § 220(a) qualifies as a crime of violence under the United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2. Rojas now appeals the sentence imposed by the district court, contending that the district court plainly erred by enhancing his sentence sixteen levels for a prior crime of violence.

We hold…