United States v. Antonio-Cruz

*826 MEMORANDUM ** Cayetano Antonio-Cruz appeals a district judge’s application of a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) for his prior involuntary manslaughter conviction. We have carefully examined the South Carolina cases cited by counsel in their 28(j) letters. Considering the requirement in Gonzales v. Duenas-Alvarez 1 that the crime be a realistic instead of theoretical possibility, South Carolina involuntary manslaughter 2 fits within the generic definition of manslaughter. 3 The distinction between the two statutes is one of word choice, not a “meaningful distinction” between the application of the two provisions. 4 AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3. . Gonzales v. Duenas-Alvarez, 549 U.S. 183 , 127 S.Ct. 815, 822 , 166 L.Ed.2d 683 (2007). . S.C.Code § 16-3-60; State v. Crosby, 355 S.C. 47 , 584 S.E.2d 110, 112 (2003). . See Taylor v. United States, 495 U.S. 575, 598 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990); United States v. Gonzalez-Perez, 472 F.3d 1158, 1161 (9th Cir.2007). . See United States v. Velasquez-Reyes, 427 F.3d 1227, 1230 (9th Cir.2005).