United States v. Joel Valdez-Castro

390 F. App'x 736

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 2, 2010
• Docket: 09-50101
• Status: Unpublished

Opinion

MEMORANDUM **

Joel Valdez-Castro appeals from the 51-month sentence imposed following his guilty-plea conviction for being a deported 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.

Valdez-Castro contends that the district court erred by determining that his prior conviction for assault with a firearm, in violation of California Penal Code § 245(a)(2), constituted a crime of violence under U.S.S.G. § 2L1.2, because section 245(a)(2) does not contain the requisite intent or use of force. These contentions are foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1191-97 (9th Cir.2009); see also United States v. Heron-Salinas, 566 F.3d 898, 899 (9th Cir.2009).

Valdez-Castro also contends that his sentence is substantively unreasonable. The district court did not procedurally err and, in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, Valdez-Castro’s sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

AFFIRMED.

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