United States v. Jesus Herrera-Torres
Opinion
MEMORANDUM **
Jesus Herrera-Torres appeals from the 48-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Herrera-Torres contends that his sentence is substantively unreasonable under *252 United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), in light of his mitigating personal circumstances and the age of the prior conviction that was the basis for a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii). The record reflects that the 48-month sentence is substantively reasonable in light of the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51-52, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); cf United States v. Amezcua-Vasquez, 567 F.3d 1050, 1055-56 (9th Cir. 2009).
Herrera-Torres also contends that United States v. Medina-Villa, 567 F.3d 507 (9th Cir. 2008), that held that a conviction under California Penal Code section 288(a) constitutes “sexual abuse of a minor” and qualifies for the crime of violence sentence enhancement, should be overruled because it conflicts with Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008) (en banc). This contention is foreclosed. See Pelayo-Garcia v. Holder, 589 F.3d 1010, 1013-14 (9th Cir. 2009); see also Robbins v. Carey, 481 F.3d 1143, 1149 n. 3 (9th Cir. 2007) (In the absence of intervening authority, a three-judge panel is without authority to overrule Circuit precedent.).
Last, as Herrera-Torres concedes, his contention that Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), should be overruled is foreclosed. See United States v. Grisel, 488 F.3d 844, 846-47 (9th Cir. 2007) (en banc).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Jesus HERRERA-TORRES, Defendant-Appellant
- Cited By
- 1 case
- Status
- Unpublished