United States v. Javier Torres-Castro

75 F. App'x 552

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 9, 2003
• Docket: 03-1175
• Status: Unpublished

Opinion

PER CURIAM.

Javier Torres-Castro appeals the sentence the district court * imposed on his guilty plea to illegal reentry following conviction for an aggravated felony and deportation, in violation of 8 U.S.C. § 1326(a) and (b). Torres-Castro now argues for the first time that the district court improperly enhanced his base offense level under U.S.S.G. § 2L1.2(b)(l)(A)(ii) (16-lev-el increase if defendant previously was deported after felony crime-of-violence conviction). We disagree. The district court did not commit plain error because Torres-Castro’s earlier Arkansas conviction for third degree domestic battery qualified as a felony crime of violence. See Ark. Code Ann. §§ 5-26-305 (Michie 1997 & Supp.2003); United States v. Montanye, 996 F.2d 190, 192 (8th Cir.1993) (en banc) (standard of review). Accordingly, we affirm.

* The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Westem District of Arkansas.