Opinion
No. 10-10194.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 17, 2011.
Mark Willimann, Tucson, AZ, for Plaintiff-Appellee.
Liza M. Granoff, Esquire, Assistant U.S. Attorney, USTU-Office of The U.S. Attorney, Tucson, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Frank R. Zapata, District Judge, Presiding. D.C. No. 4:07-cr-02042-FRZ.
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jesus Garcia-Fernandez appeals from the 42-month sentence imposed following his guilty-plea conviction for attempted re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Garcia-Fernandez contends that the district court erred in applying a 16-level "crime of violence" enhancement under U.S.S.G. § 2L1.2(b)(1)(a)(ii), based on his prior robbery conviction, in violation of California Penal Code §§ 211 and 212.5(c). The district court did not err. See United States v. Becerril-Lopez, 541 F.3d 881, 890-93 (9th Cir. 2008) (holding that a conviction under California Penal Code § 211 is categorically a "crime of violence" under the Guidelines). Moreover, even if the district court had erred, Garcia-Fernandez has not demonstrated that his substantial rights may have been affected. See United States v. Waknine, 543 F.3d 546, 552 (9th Cir. 2008).