FILED
NOT FOR PUBLICATION NOV 14 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10630
Plaintiff - Appellee, D.C. No. 4:11-cr-01303-CKJ-
DTF-1
v.
FARAON ROBLEDO-RIVERA, MEMORANDUM*
Defendant - Appellant.
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-
*
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).
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