Court of Appeals for the Ninth Circuit September 16, 2004, No. 03-10708; D.C. No. CR-N-03-136 HDM (United States v. Rodriguez-Samano)

MEMORANDUM**

Defendant Armando Rodriguez-Samano appeals his sentence, contending that the district court erred in increasing his offense level by eight levels based on its conclusion that defendant’s Arizona conviction for second degree escape constituted a crime of violence, and therefore an aggravated felony, for purposes of the guidelines.

The relevant guideline is U.S.S.G. § 2L1.