United States v. Cuba-Huerta

298 F. App'x 631

Opinion

MEMORANDUM **

Emilio Cuba-Huerta appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cuba-Huerta contends that the district court erred by applying a 16-level enhancement for a prior crime of violence, pursuant to U.S.S.G. § 2L1.2(b)(l)(A), because the sentence for his prior conviction was less than one year. This contention is foreclosed. See United States v. Pimentel-Flores, 339 F.3d 959, 963-64 (9th Cir. 2003).

We reject Cuba-Huerta’s contention that Pimentelr-Flores is no longer good law in light of United States v. FigueroaOcampo, 494 F.3d 1211 (9th Cir.2007).

AFFIRMED.

Footnotes

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