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

United States v. Guadencio Cayetano-Camacho

United States v. Guadencio Cayetano-Camacho
U.S. Court of Appeals for the Ninth Circuit · Decided March 4, 2010 · Fernandez, Gould, Smith
369 F. App'x 822

United States v. Guadencio Cayetano-Camacho

Opinion

MEMORANDUM **

Guadencio Cayetano-Camacho appeals from the 51-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 pursuant to 28 U.S.C. § 1291. We affirm.

*823 Cayetano-Camacho contends the district court erred by applying a “crime of violence” sentencing enhancement, pursuant to U.S.S.G. § 2L1.2(b)(l)(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.

**

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

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