In United States v. Chavez-Cuevas, --- F.3d ---, No. 15-50480 (9th Cir. 2017), the Court considered whether the district court erred in failing to accept the defendant's guilty plea before imposing sentence. It further considered whether Cal. 211 was still a crime of violence under the old version of 2L1.2.
This is a 1326 case out of the S.D. Ca. The defendant pleaded guilty before a magistrate judge, who recommended the plea be accepted by the district court judge. The district court, however, imposed sentence without first accepting the plea.
The Court concluded that, even if this was error, it was not plain error and not structural error.
As to the sentencing issue, the Court concluded that its prior decision in United States v. Becerril-Lopez, 541
F.3d 881 (9th Cir. 2008) (holding that robbery under Cal. 211 was a categorical CoV under 2L1.2) survives Descamps and Mathis.
