FILED
NOT FOR PUBLICATION JUN 08 2011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. 10-50300
Plaintiff - Appellee, D.C. No. 3:09-cr-00570-BTM
v.
MEMORANDUM *
LETICIA LLAGUNO RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Leticia Llaguno Rodriguez appeals from the 42-month sentence imposed
following her 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.
*
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).
Rodriguez contends that the district court erred when it applied a 16-level
enhancement, under U.S.S.G. § 2L1.2, because her prior conviction for lewd or
lascivious acts with a child under 14 years of age, in violation of Cal. Penal Code
§ 288(a), does not qualify as a crime of violence. She contends that United States
v. Medina-Villa, 567 F.3d 507, 511-16 (9th Cir. 2009), holding that a violation of
Cal. Penal Code § 288(a) is categorically a crime of violence, is inconsistent with
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008) (en banc). This
contention lacks merit. See United States v. Farmer, 627 F.3d 416, 421-22 (9th
Cir. 2010). Accordingly, we decline Rodriguez’s invitation that we seek en banc
review of this issue.
Rodriguez also contends that Nijhawan v. Holder, 129 S. Ct. 2294 (2009),
effectively overruled Medina-Villa. This contention fails.
AFFIRMED.
2 10-50300