United States of America v. Faraon Robledo-Rivera

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FARAON ROBLEDO-RIVERA,
Defendant - Appellant.
No. 11-10630
D.C. No. 4:11-cr-01303-CKJ-
DTF-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted November 7, 2012 **
San Francisco, California
Before: FARRIS, NOONAN, and BYBEE, Circuit Judges.
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-
FILED
NOV 14 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2
level enhancement for defendant’s prior “crime of violence” pursuant to U.S.S.G. §
2L1.2(b)(1)(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 Robledo-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.1(B)(iii)(2005). AFFIRMED.

-- 2 of 2 --