United States v. Gerzain Manzo-Solano

U.S. Court of Appeals for the Ninth Circuit
United States v. Gerzain Manzo-Solano, 648 F. App'x 696 (9th Cir. 2016)

United States v. Gerzain Manzo-Solano

Opinion

MEMORANDUM **

Gerzain Salvador Manzo-Solano appeals from the district court’s judgment and challenges the 27-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Manzo-Solano contends that the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his prior conviction for second-degree robbery under California Penal Code §§ 211 and 212.5(c) is not a crime of violence. This claim is foreclosed. See United States v. Becerril-Lopez, 541 F.3d 881, 893 & n. 10 (9th Cir. 2008) (a conviction for robbery under California Penal Code § 211 is a categorical crime of violence). Contrary to Manzo-Solano’s assertion, Descamps v. United States, — U.S. —, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), which concerns the modified categorical approach, does not allow us to disregard Becerril-Lopez. See 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. Gerzain Salvador MANZO-SOLANO, A.K.A. Gerzain Manzo-Solano, Defendant-Appellant
Status
Unpublished