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

United States v. Juan Garcia-Morales

United States v. Juan Garcia-Morales
U.S. Court of Appeals for the Ninth Circuit · Decided April 28, 2011 · Rymer, Thomas, Paez
430 F. App'x 577

United States v. Juan Garcia-Morales

Opinion

*578 MEMORANDUM **

Juan Garda-Morales appeals the sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326. Garcia-Morales 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)(1)(A). As Garcia-Morales 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.

**

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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