Opinion
No. 13-10373 D.C. No. 4:13-cr-00398-CKJ
04-07-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JACOBO ZETINA-SANDOVAL, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Jacobo Zetina-Sandoval appeals from the district court's judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Zetina-Sandoval contends that the district court erred by applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his conviction for making criminal threats, in violation of section 422 of the California Penal Code, is not a categorical crime of violence. This contention is foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556, 563 (9th Cir. 2010). Zetina-Sandoval's argument that we are not bound by Villavicencio-Burruel is without merit. See Newdow v. Lefevre, 598 F.3d 638, 644 (9th Cir. 2010) (a three-judge panel is bound by circuit precedent unless it is "clearly irreconcilable" with intervening higher authority).
AFFIRMED.