MEMORANDUM **

Anael Vasquez-Diaz appeals the sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326. Vasquez-Diaz contends that the district court erred in determining that his prior conviction for making criminal threats in violation of Calif. Penal Code § 422 was a crime of violence warranting a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A). As Vasquez-Diaz concedes, this contention is foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556 (9th Cir. 2010), which held that a § 422 violation is categorically a crime of violence.

AFFIRMED.