United States v. Guadencio Cayetano-Camacho
UNITED STATES of America, Plaintiff-Appellee, v. Guadencio CAYETANO-CAMACHO, Defendant-Appellant
- Area
- other
- Panel
- Ferdinand F. Fernandez (author), Gould, Smith
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FILED NOT FOR PUBLICATION MAR 04 2010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. 09-50053 Plaintiff - Appellee, D.C. No. 3:07-CR-03267-JLS-1 v. MEMORANDUM * GUADENCIO CAYETANO-CAMACHO, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted February 16, 2010 ** Before: FERNANDEZ, GOULD and M. SMITH, Circuit Judges.
Guadencio Cayetano-Camacho appeals from the 51-month sentence imposed following his guilty-plea 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).
HL/Inventory States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C.
§ 1291. We affirm.
Cayetano-Camacho contends the district court erred by applying a “crime of violence” sentencing enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), because his prior conviction for lewd and lascivious acts on a minor under 14, in violation of California Penal Code § 288(a), does not constitute sexual abuse of a minor. This contention is foreclosed by United States v. Medina-Villa, 567 F.3d 507, 509 (9th Cir. 2009).
AFFIRMED.
HL/Inventory