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

United States v. Victor Romero-Abrajan

United States v. Victor Romero-Abrajan
U.S. Court of Appeals for the Ninth Circuit · Decided April 19, 2010 · Rymer, McKeown, Paez
376 F. App'x 737

United States v. Victor Romero-Abrajan

Opinion

MEMORANDUM **

Victor Gustavo Romero-Abrajan appeals from the 60-month sentence imposed fol *738 lowing 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, and we affirm.

Romero-Abrajan contends that 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. Romero-Abrajan’s argument 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).

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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