United States v. Juan Gomez

450 F. App'x 680

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 29, 2011
• Docket: 09-50246
• Status: Unpublished

Opinion

MEMORANDUM **

Juan Carlos Chavez Gomez appeals the sentence imposed following his guilty plea to being an illegal 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.

Gomez 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. Gomez concedes, however, that this contention is 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).

As Gomez further concedes, his contentions concerning Almendarez-Torres are also foreclosed. See Grajeda, 581 F.3d at 1197 (holding that Almendarez-Torres is binding unless it is expressly overruled by the Supreme Court).

AFFIRMED.

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