United States v. Arnoldo Velasquez-Contreras , 582 F. App'x 290 ( 2014 )


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  •      Case: 13-41342      Document: 00512762218         Page: 1    Date Filed: 09/09/2014
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 13-41342                                FILED
    Summary Calendar                      September 9, 2014
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    ARNOLDO VELASQUEZ-CONTRERAS,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 1:13-CR-563-1
    Before PRADO, OWEN, and GRAVES, Circuit Judges.
    PER CURIAM: *
    Arnoldo Velasquez-Contreras pleaded guilty to one count of being
    unlawfully present in the United States following a deportation subsequent to
    being convicted of an aggravated felony, and he was sentenced to 46 months in
    prison and three years of supervised release. On appeal, Velasquez-Contreras
    contends that the district court erred in considering a New York Certificate of
    Disposition to determine whether his 2012 attempted second-degree assault
    * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH
    CIR. R. 47.5.4.
    Case: 13-41342     Document: 00512762218      Page: 2   Date Filed: 09/09/2014
    No. 13-41342
    conviction constituted a crime of violence warranting a 16-level enhancement
    under U.S.S.G. § 2L1.2(b)(1)(A)(ii). A Certificate of Disposition from New York
    is a judicial record under state law and contains sufficient indicia of reliability
    to be used as rebuttable evidence that a defendant was convicted under a
    specific statutory subsection. United States v. Neri-Hernandes, 
    504 F.3d 587
    ,
    591-92 (5th Cir. 2007). The Certificate of Disposition reflects that Velasquez-
    Contreras was convicted under 
    N.Y. PENAL LAW § 120.05
    (2) (McKinney 2012),
    which constitutes a crime of violence. See 
    id.
     Velasquez-Contreras concedes
    that his arguments against the use of the Certificate of Disposition are
    foreclosed by Neri-Hernandes, but he seeks to preserve the issue for further
    review.
    The appellant’s motion for summary disposition is GRANTED, and the
    judgment of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 13-41342

Citation Numbers: 582 F. App'x 290

Filed Date: 9/9/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023