U.S. Court of Appeals for the Ninth Circuit, 2006

United States v. Soto-Rodriguez

U.S. Court of Appeals for the Ninth Circuit · Decided April 12, 2006 · Hawkins, McKeown, Paez

177 F. App'x 557

Counsel

Jeffrey Finigan, Office of the U.S. Attorney, San Francisco, CA, for Plaintiff—Appellee., Geoffrey A. Hansen, Appointed Federal Public Defender, Federal Public Defender’s Office, San Francisco, CA, for Defendant—Appellant.

Opinion of the Court

MEMORANDUM**

Gaspar Soto-Rodriguez appeals from the 33-month sentence imposed after he pled guilty to unlawful re-entry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Soto-Rodriguez contends that the district court erred in finding that his conviction under California Vehicle Code § 10851 qualified as an aggravated felony enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(C), because the California statute allows convictions based on aiding and abetting liability. Soto-Rodriguez’s contention is foreclosed by our decision in United States v. Vidal, 426 F.3d 1011, 1015-17 (9th Cir. 2005).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the *558courts of this circuit except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.