United States v. Ruiz-Apolonio, No. 10-50306 (9th Cir. 2011)
Annotate this CaseDefendant appealed the 46-month sentence of imprisonment imposed following his guilty plea to one count of illegal reentry. The court held that because it agreed with the district court that a conviction for forcible rape under California Penal Code 261(a)(2) was categorically a "crime of violence" as defined by the Sentencing Guidelines, the court held that the district court correctly imposed a 16-level sentencing enhancement. The court also held that the district court did not commit procedural error in calculating the Guidelines range and that the sentence of 46 months was not substantively unreasonable. Accordingly, the court affirmed the judgment of the district court.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.