Opinion
No. 09-50602.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 21, 2011.
Bruce R. Castetter, U.S. Assistant Attorney, Mark R. Rehe, U.S. Assistant Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Knut Sveinbjorn Johnson, Esquire, Law Office of Knut S. Johnson, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, M. James Lorenz, Senior District Judge, Presiding. D.C. No. 3:09-cr-00248-L-1.
Before: KOZINSKI, Chief Judge, D.W. NELSON and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The district court did not err in concluding that Mercado-Arechiga's prior burglary conviction under California Penal Code § 459 was a crime of violence as defined by 18 U.S.C. § 16, which renders an individual statutorily ineligible for voluntary departure. See United States v. Becker, 919 F.2d 568, 573 (9th Cir. 1990). Becker remains good law and we are bound by it. Thus, because Mercado-Arechiga was ineligible for voluntary departure, he did not suffer prejudice from the Us' failure to advise him of his eligibility to seek such relief.