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

United States v. Cesar Correa-Correa

United States v. Cesar Correa-Correa
U.S. Court of Appeals for the Ninth Circuit · Decided November 3, 2011 · Trott, Gould, Rawlinson
457 F. App'x 666

United States v. Cesar Correa-Correa

Opinion

MEMORANDUM **

Cesar Correa-Correa appeals from the low-end 41-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. We dismiss.

Correa-Correa contends that the district court erred in applying the 16-level “crime of violence” enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because it conducted a modified categorical analysis of the relevant state statute without first determining that the statute is broader than its federal counterpart. We are precluded from reaching the merits of Correa-Cor-rea’s claim by a valid appeal waiver. See United States v. Nunez, 223 F.3d 956, 958-59 (9th Cir. 2000); see also United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc).

DISMISSED.

**

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

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