United States v. Alex Mazariego-Gomez

U.S. Court of Appeals for the Ninth Circuit
United States v. Alex Mazariego-Gomez, 648 F. App'x 698 (9th Cir. 2016)

United States v. Alex Mazariego-Gomez

Opinion

MEMORANDUM **

Alex Mazariego-Gomez appeals from the district court’s judgment and challenges the 30-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.

Mazariego-Gomez 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 under California Penal Code § 211 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 Mazariego-Gomez’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 *699 Cir. 2003) (en banc) (three-judge panel is bound by circuit precedent unless that precedent is “clearly irreconcilable” with intervening higher authority).

Because the district court properly applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii), we need not reach Mazariego-Gomez’s contention that his prior conviction is not an aggravated felony for purposes of an 8-level enhancement under § 2L1.2(b)(1)(C).

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. Alex MAZARIEGO-GOMEZ, Defendant-Appellant
Status
Unpublished