United States v. Juan Garcia-Morales

FILED NOT FOR PUBLICATION APR 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50437 Plaintiff - Appellee, D.C. No. 3:10-cr-00106-MMA-1 v. MEMORANDUM * JUAN CARLOS GARCIA-MORALES, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding Submitted April 20, 2011 ** Before: RYMER, THOMAS and PAEZ, Circuit Judges. Juan Garcia-Morales appeals the sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326. Garcia-Morales contends that the district court erred in determining that his prior conviction for making criminal threats in violation of Calif. Penal Code § 422 was * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). a crime of violence warranting a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). As Garcia-Morales concedes, this contention is foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556 (9th Cir. 2010), which held that a § 422 violation is categorically a crime of violence. AFFIRMED.