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US v. Cruz-Rodriguez, No. 09-40500

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By FindLaw Staff on November 03, 2010 1:58 PM

Illegal Reentry Sentence Affirmed

In US v. Cruz-Rodriguez, No. 09-40500, the court affirmed defendant's sentence for illegal reentry into the U.S. where 1) the offense of willful infliction of corporal injury under California law was a crime of violence for the purpose of sentence adjustments under U.S.S.G. section 2L1.2(b)(1)(A)(ii); and 2) the California offense of making a criminal threat was not a crime of violence for the purpose of sentencing adjustments under U.S.S.G. section 2L1.2(b)(1)(A)(ii), but the district court did not plainly err in holding that it was.

As the court wrote:  "Moises Cruz-Rodriguez appeals from his conviction for illegal reentry into the United States. He contends that the district court erred by increasing his offense level by 16 levels based on 1997 California convictions of making criminal threats, under California Penal Code § 422, and willful infliction of corporal injury, under California Penal Code § 273.5. The district court determined that each offense is a "crime of violence" warranting the 16-level adjustment."

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