Not Plain Error to Determine CA Kidnapping, Robbery Convictions were Crimes of Violence

US v. Juarez-Galvan, -- F.3d --, 2009 WL 2137396 (10th Cir. 7/20/09) - In a reentry case, it was not plain error to impose the 16-level crime of violence enhancement for California convictions for kidnapping and robbery. Gov't conceded neither offense had an element of use of physical force. While both kidnapping and robbery are enumerated offenses under § 2L1.2, there was conflicting authority as to whether the state definitions of the offenses corresponded to the uniform generic definitions. Because the law was not well-settled, the district court did not plainly err in applying the enhancement.