United States v. Farain Robledo-Rivera

492 F. App'x 824

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 14, 2012
• Docket: 11-10630
• Status: Unpublished

Opinion

MEMORANDUM **

Defendant-Appellant Robledo-Rivera appeals the district court’s sentence of 63-months incarceration for illegal reentry in violation of 8 U.S.C. § 1326(a). Due to his 2004 conviction for robbery in Kentucky, the district court computed a 16-level enhancement for defendant’s prior “crime of violence” pursuant to U.S.S.G. § 2L1.2(b)(l)(A). This court reviews de novo whether a prior conviction is a “crime of violence” under U.S.S.G. § 2L1.2(b). See United States v. Gonzalez-Perez, 472 F.3d 1158, 1159 (9th Cir.2007).

The facts are known to the parties. Robledo-Rivera argues that the government has not proven its case because, in finding the sentence enhancement, the district court relied upon judicially-noticed documents that do not specifically cite the Kentucky robbery statute for which Roble-do-Rivera was previously convicted. The district court found this deficiency unavailing for three reasons: that (1) robbery always involves the actual or threatened use of force, (2) Kentucky has a single robbery statute, which articulates a “crime of violence,” and (3) robbery is generically enumerated as a “crime of violence” under U.S.S.G. § 2L1.2 cmt. n. l(B)(iii)(2005). AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.