United States v. Daniel Reyes-Zarate
Opinion
MEMORANDUM **
Daniel Reyes-Zarate appeals from the district court’s judgment and challenges the 72-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Reyes-Zarate contends that the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because his prior conviction under California Penal Code § 211 is not a crime of violence. Reyes-Zarate’s argument is foreclosed. See United States v. Flores-Mejia, 687 F.3d 1213, 1216 (9th Cir. 2012) (a conviction under California Penal Code § 211 is a categorical crime of violence); see also Miller v. Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc) (three-judge panel is bound by circuit precedent unless that precedent is “clearly irreconcilable” with intervening higher authority).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Daniel REYES-ZARATE, Defendant-Appellant
- Status
- Unpublished