United States v. Santos-Santos, No. 10-1380 (10th Cir. 2011)
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Defendant-Appellant Uriel Santos-Santos appealed his sentence for illegal reentry after deportation subsequent to an aggravated felony conviction. He contended that the district court erred in applying a 16-level offense adjustment pursuant to the U.S. Sentencing Guidelines resulting in a 57-month sentence. Defendant, a Mexican citizen, was convicted in California of (1) inflicting corporal injury on a spouse with a specified prior conviction within seven years and (2) assault by means of force likely to produce great bodily injury. In 2007 he was deported to Mexico, but in January 2010 immigration officials discovered him in Arapahoe County Jail in Centennial, Colorado. That April, Defendant pled guilty to the federal offense. The Presentence Report, on the basis of Defendant's California assault conviction, reflected an offense adjustment of 16 offense levels for defendants who have unlawfully reentered after a conviction for a "crime of violence." This produced an advisory Guideline range of 57-71 months' imprisonment. Defendant unsuccessfully objected to the PSR. Upon review of the applicable legal authority, the Tenth Circuit concluded that the California convictions were "crimes of violence" under the Sentencing Guidelines. Because the district court did not err in enhancing Defendant's sentence based on those convictions, the Tenth Circuit affirmed the district court's judgment.
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