United States v. Soto-Rodriguez

177 F. App'x 557

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 12, 2006
• Docket: No. 04-10548; D.C. No. CR-04-00185-SYI
• Status: Published

Opinion

MEMORANDUM

**

Gaspar Soto-Rodriguez appeals from the 33-month sentence imposed after he pled guilty to unlawful re-entry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Soto-Rodriguez contends that the district court erred in finding that his conviction under California Vehicle Code § 10851 qualified as an aggravated felony enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(C), because the California statute allows convictions based on aiding and abetting liability. Soto-Rodriguez’s contention is foreclosed by our decision in United States v. Vidal, 426 F.3d 1011, 1015-17 (9th Cir.2005).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.