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U.S. v. Ramos

United States Court of Appeals, Ninth Circuit
Feb 19, 2009
312 F. App'x 852 (9th Cir. 2009)

Opinion

No. 07-50532.

Argued and Submitted September 12, 2008.

Filed February 19, 2009.

Caleb Edward Mason, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, Irma E. Gonzalez, Chief District Judge, Presiding. D.C. No. CR-06-1226-IEG.

Before: SCHROEDER and RAWLINSON, Circuit Judges, and SANDOVAL, District Judge.

The Honorable Brian E. Sandoval, United States District Judge for the District of Nevada, sitting by designation.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On July 6, 2007, Juan Carlos Ramos pled guilty to illegal reentry, in violation of 8 U.S.C. § 1326(a) (b). On November 27, 2007, Ramos was sentenced to sixty-three months' imprisonment, with three years supervised release. In the course of sentencing Ramos, the district court applied a sixteen-level enhancement to Ramos's base offense level because Ramos had previously been deported after being convicted of carjacking under Cal.Penal Code § 215, which the district court held constituted a crime of violence within the meaning of United States Sentencing Guideline ("U.S.S.G.") § 2L1.2. Ramos appeals his sentence, arguing that Cal.Penal Code § 215 is not a categorical crime of violence under U.S.S.G. § 2L1.2 and therefore the district court's imposition of a sixteen-level enhancement was erroneous.

We affirm, holding that a conviction under Cal.Penal Code § 215 categorically qualifies as a crime of violence under U.S.S.G. § 2L1.2, and therefore the district court's imposition of a sixteen-level enhancement was appropriate. See United States v. Becerril-Lopez, 541 F.3d 881, 885 (9th Cir. 2008) (holding that a conviction under California Penal Code § 211 is a categorical crime of violence under U.S.S.G. § 2L1.2). The same elements that make § 211 a crime of violence are also required in § 215. They include the felonious taking of property in the possession of another by means of force or fear.

AFFIRMED.


Summaries of

U.S. v. Ramos

United States Court of Appeals, Ninth Circuit
Feb 19, 2009
312 F. App'x 852 (9th Cir. 2009)
Case details for

U.S. v. Ramos

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos RAMOS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 19, 2009

Citations

312 F. App'x 852 (9th Cir. 2009)

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