United States v. Erik Mercado-Arechiga
UNITED STATES of America, Plaintiff-Appellee, v. Erik MERCADO-ARECHIGA, Defendant-Appellant
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- M. James Lorenz (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- criminal
- Panel
- Alex Kozinski (author), Nelson, Jay S. Bybee
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FILED NOT FOR PUBLICATION APR 21 2011
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. 09-50602 Plaintiff - Appellee, D.C. No. 3:09-cr-00248-L-1 v. MEMORANDUM * ERIK MERCADO-ARECHIGA, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California M. James Lorenz, Senior District Judge, Presiding Submitted April 15, 2011 ** Pasadena, California Before: KOZINSKI, Chief Judge, D.W. NELSON and BYBEE, Circuit Judges.
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 * 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). 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 IJs’ failure to advise him of his eligibility to seek such relief.
AFFIRMED.