U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Jesus Garcia-Fernandez

United States v. Jesus Garcia-Fernandez
U.S. Court of Appeals for the Ninth Circuit · Decided February 17, 2011 · Canby, Fernandez, Smith
414 F. App'x 957

United States v. Jesus Garcia-Fernandez

Opinion

MEMORANDUM **

Jesus Garcia-Fernandez appeals from the 42-month sentence imposed following his guilty-plea conviction for attempted reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia-Fernandez contends that the district court erred in applying a 16-level “crime of violence” enhancement under U.S.S.G. § 2L1.2(b)(l)(a)(ii), based on his prior robbery conviction, in violation of California Penal Code § § 211 and 212.5(c). The district court did not err. See United States v. Becerril-Lopez, 541 F.3d 881, 890-93 (9th Cir. 2008) (holding that a conviction under California Penal Code § 211 is categorically a “crime of violence” under the Guidelines). Moreover, even if the district court had erred, Garcia-Fernandez has not demonstrated that his substantial rights may have been affected. See United States v. Waknine, 543 F.3d 546, 552 (9th Cir. 2008).

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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