Opinion
No. 08-50476.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed June 10, 2010.
Rebecca Suzanne Kanter, Assistant U.S., Southern District of California, San Diego, CA, for Plaintiff-Appellee.
Vincent James Brunkow, Esquire, Assistant Appellate Supervisor, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Barry T. Moskowitz, District Judge, Presiding. D.C. No. 3:08-cr-01138-BTM.
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Rogelio Perez-Gonzalez appeals from the 70-month sentence imposed following his jury-trial conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Perez-Gonzalez contends that the district court erred by applying a 16-level enhancement under California Penal Code § 245(a)(1) is categorically a "crime of violence" under the Guidelines); see also United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir. 2010) (holding that a conviction under California Penal Code § 273.5 is categorically a "crime of violence" under the Guidelines).