United States v. Flores-Mejia

A conviction of robbery under California Penal Code § 211 is a categorical crime of violence under U.S.S.G. § 2L1.2.

Jose Flores-Mejia was twice convicted of robbery under California Penal Code § 211. Subsequently, after being deported to Mexico, Flores-Mejia was arrested after illegally reentering the United States. Flores-Mejia pleaded guilty to unlawful reentry, in violation of 8 U.S.C. § 1326(a). The Presentence Report proposed a sixteen-level enhancement in the offense level based on Flores-Mejia’s robbery convictions, which the report considered “crimes of violence” under U.S. Sentencing Guideline § 2L1.2(b)(1)(A)(ii). The district court imposed the sixteen-level enhancement. On appeal, Flores-Mejia argued that the California Supreme Court’s decision in People v. Anderson “broadened the conduct falling within § 211 so that it is no longer categorically a crime of violence.” The Ninth Circuit disagreed, finding that its decision in United States v. Becerril-Lopez (holding that § 211 is a categorical crime of violence under § 2L1.2) is not “clearly irreconcilable” with Anderson (confirming that “to commit robbery, the defendant must intentionally use force to effect the taking, but need not use force intentionally against the victim”). Thus, because § 211 falls within the “enumerated offenses” definition of § 2L1.2, which includes robbery, Flores-Mejia’s convictions constitute a categorical crimes of violence. AFFIRMED.