U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Jaime Lopez Gonzalez

United States v. Jaime Lopez Gonzalez
U.S. Court of Appeals for the Ninth Circuit · Decided December 19, 2016 · Wallace, Leavy, Fisher
671 F. App'x 612

United States v. Jaime Lopez Gonzalez

Opinion

MEMORANDUM **

Jaime Lopez Gonzalez appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for illegal reentry following removal, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lopez Gonzalez contends that the district court erred by enhancing his sentence on the basis that his prior conviction for willful infliction of corporal injury on a spouse or cohabitant under California Penal Code § 273.5 was a “crime of violence” under U.S.S.G. § 2L1.2(b)(l)(A)(ii) (2015). He acknowledges that this claim is foreclosed by our holding in United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir. 2010). However, he argues -that this holding has been undermined by Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). We disagree. Johnson held that the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(ii), was unconstitutionally vague. See Johnson, 135 S.Ct. at 2557. Johnson did not address section 2L1.2’s definition of “crime of violence,” which does not have a residual clause. See U.S.S.G. § 2L1.2 cmt. n.l(B)(iii) (2015). Accordingly, contrary to Lopez Gonzalez’s contention, Johnson is not “clearly irreconcilable” with our circuit precfedent. 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 Ninth Circuit Rule 36-3.

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