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United States v. Anael Vasquez-Diaz

Court of Appeals for the Ninth Circuit · 10-50155 · 2011-04-28 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Anael VASQUEZ-DIAZ, Defendant-Appellant

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Jeffrey T. Miller (district judge)
Outcome
affirmed — AFFIRMED.
Area
criminal
Panel
Pamela A. Rymer (author), Thomas, Richard A. Paez

Analysis

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Opinion

FILED NOT FOR PUBLICATION APR 28 2011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. 10-50155 Plaintiff - Appellee, D.C. No. 3:08-cr-01011-JM-1 v. MEMORANDUM * ANAEL VASQUEZ-DIAZ, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, Senior District Judge, Presiding Submitted April 20, 2011 ** Before: RYMER, THOMAS and PAEZ, Circuit Judges.

Anael Vasquez-Diaz appeals the sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326. Vasquez-Diaz contends that the district court erred in determining that his prior conviction 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). making criminal threats in violation of Calif. Penal Code § 422 was a crime of violence warranting a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). As Vasquez-Diaz concedes, this contention is foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556 (9th Cir. 2010), which held that a § 422 violation is categorically a crime of violence.

AFFIRMED.

Cites, in this corpus