U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Ulyses Juarez-Aguilar

United States v. Ulyses Juarez-Aguilar
U.S. Court of Appeals for the Ninth Circuit · Decided August 2, 2010 · Fletcher, Reinhardt, Wardlaw
390 F. App'x 732

United States v. Ulyses Juarez-Aguilar

Opinion

MEMORANDUM **

Ulyses Juarez-Aguilar appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

. Juarez-Aguilar contends the district court erred when it applied a 16-level “crime of violence” adjustment under U.S.S.G. § 2L1.2(b)(l)(A)(ii), based on his prior conviction for inflicting corporal injury on a spouse, in violation of California Penal Code § 273.5. Juarez-Aguilar’s contention is foreclosed by 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 because the offense requires the intentional use of physical force against the person of another).

As Juarez-Aguilar concedes, his contention that his Fifth and Sixth Amendment rights were violated is foreclosed. See, e.g., United States v. Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir. 2006); see also United States v. Grisel, 488 F.3d 844, 846 (9th Cir. 2007) (en banc).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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