United States v. Ezequiel Solis-Flores

580 F. App'x 556

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 24, 2014
• Docket: 13-10356
• Status: Unpublished

Opinion

MEMORANDUM **

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

Solis-Flores argues that he was entitled to an additional one-point reduction under U.S.S.G. § 3El.l(b) for acceptance of responsibility, even though he did not waive his appellate rights. The district court, however, already awarded the additional one-point reduction.

Solis-Flores also contends that the district court erred in applying a 16-level enhancement for a prior conviction of a felony crime of violence under U.S.S.G. § 2L1.2(b)(l)(A)(ii). Although Solis-Flores conceded that the underlying conviction was a felony on its face, he now asserts that the facts supporting the conviction do not satisfy the requirements for the felony portion of the state statute. Wash. Rev.Code § 9A.46.020(2)(b). This amounts to a collateral attack on his prior conviction that may not be maintained at sentencing. United States v. Burrows, 36 F.3d 875, 884-85 (9th Cir.1994). The district court did not err in imposing the 16-level enhancement.

AFFIRMED.

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