United States Tenth Circuit

Defendant's sentence for illegal reentry into the U.S. following removal is affirmed where California's robbery statute, as interpreted by the California Supreme Court, was in line with the uniform generic definition of robbery and, therefore, the sixteen-offense-level increase imposed by the district court based on defendant's California robbery conviction was appropriate.

Appellate Information

• Decided 11/03/2009
• Published 11/03/2009

Judges

• EBEL, Circuit Judge., Before BRISCOE, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant., John Anderson, Assistant United States Attorney, Albuquerque, NM, (Gregory J. Fouratt, United States Attorney, Albuquerque, NM, and Paige Messec, Assistant United States Attorney, Albuquerque, NM, on the brief) for Plaintiff-Appellee.