United States v. Antonio-Cruz

262 F. App'x 825

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 7, 2008
• Docket: No. 07-10006
• Status: Published

Opinion

MEMORANDUM

**

Cayetano Antonio-Cruz appeals a district judge’s application of a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) for his prior involuntary manslaughter conviction.

We have carefully examined the South Carolina cases cited by counsel in their 28(j) letters. Considering the requirement in Gonzales v. Duenas-Alvarez¹ that the crime be a realistic instead of theoretical possibility, South Carolina involuntary manslaughter² fits within the generic definition of manslaughter.³ The distinction between the two statutes is one of word choice, not a “meaningful distinction” between the application of the two provisions.⁴

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

1 . Gonzales v. Duenas-Alvarez, 549 U.S. 183, 127 S.Ct. 815, 822, 166 L.Ed.2d 683 (2007).

2 . S.C.Code § 16-3-60; State v. Crosby, 355 S.C. 47, 584 S.E.2d 110, 112 (2003).

3 . See Taylor v. United States, 495 U.S. 575, 598, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990); United States v. Gonzalez-Perez, 472 F.3d 1158, 1161 (9th Cir.2007).

4 . See United States v. Velasquez-Reyes, 427 F.3d 1227, 1230 (9th Cir.2005).