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UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos RAMOS, Defendant-Appellant.

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.

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U.S. v. RAMOS
(Feb 19, 2009)