United States v. Jacobo Zetina-Sandoval

568 F. App'x 498

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 11, 2014
• Docket: 13-10373
• Status: Unpublished

Opinion

MEMORANDUM **

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

Zetina-Sandoval contends that the district court erred by applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because his conviction for making criminal threats, in violation of section 422 of the California Penal Code, is not a categorical crime of violence. This contention is foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556, 563 (9th Cir.2010). Zetina-Sandoval’s argument that we are not bound by Villavicen-cio-Burruel is without merit. See New-dow v. Lefevre, 598 F.3d 638, 644 (9th Cir.2010) (a three judge panel is bound by circuit precedent unless it 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.