United States v. Arnulfo Murillo-Cuellar

396 F. App'x 405

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 22, 2010
• Docket: 10-50023
• Status: Unpublished

Opinion

MEMORANDUM **

Arnulfo Murillo-Cuellar appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Murillo-Cuellar contends the district court erred when it applied a 16-level “crime of violence” adjustment under U.S.S.G. § 2L1.2(b)(l)(A)(ii), based on his prior conviction for inflicting corporal injury on a spouse, in violation of California Penal Code § 273.5. Murillo-Cuellar’s eon-tention is foreclosed by United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir.2010) (holding that a conviction under California Penal Code § 273.5 is categorically a “crime of violence” under the Guidelines because the offense requires the intentional use of physical force against the person of another).

As Murillo-Cuellar concedes, his contention that his Fifth and Sixth Amendment rights were violated is foreclosed. See, e.g., United States v. Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir.2006); see also United States v. Grisel, 488 F.3d 844, 846 (9th Cir.2007) (en banc).

AFFIRMED.

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