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United States v. Rogelio Perez-Gonzalez

Court of Appeals for the Ninth Circuit · 08-50476 · 2010-06-10 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio PEREZ-GONZALEZ, Defendant-Appellant

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Barry T. Moskowitz (district judge)
Outcome
affirmed — AFFIRMED.
Area
criminal
Panel
William C. Canby, Jr. (author), Thomas, Fletcher

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

FILED NOT FOR PUBLICATION JUN 10 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-50476 Plaintiff - Appellee, D.C. No. 3:08-cr-01138-BTM v. MEMORANDUM * ROGELIO PEREZ-GONZALEZ, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding Submitted May 25, 2010 ** Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Rogelio Perez-Gonzalez appeals from the 70-month sentence imposed following his jury-trial conviction for being a deported alien found in the United * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his prior convictions for assault with a deadly weapon, in violation of California Penal Code § 245(a)(1), and inflicting corporal injury on a spouse, in violation of California Penal Code § 273.5, do not qualify as crimes of violence under the Sentencing Guidelines.

This contention is foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1191- 97 (9th Cir. 2009) (holding that a conviction 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).

AFFIRMED.

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