United States v. Daniel Reyes-Zarate

619 F. App'x 671

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 19, 2015
• Docket: 14-50450
• Status: Unpublished

Opinion

MEMORANDUM **

Daniel Reyes-Zarate appeals from the district court’s judgment and challenges the 72-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.

Reyes-Zarate contends that the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because his prior conviction under California Penal Code § 211 is not a crime of violence. Reyes-Zarate’s argument is foreclosed. See United States v. Flores-Mejia, 687 F.3d 1213, 1216 (9th Cir.2012) (a conviction under California Penal Code § 211 is a categorical crime of violence); see also 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.