FILED
NOT FOR PUBLICATION APR 11 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10373
Plaintiff - Appellee, D.C. No. 4:13-cr-00398-CKJ
v.
MEMORANDUM*
JACOBO ZETINA-SANDOVAL,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Jacobo Zetina-Sandoval appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
reentry after deportation, 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).
Zetina-Sandoval contends that the district court erred by applying a 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his conviction for
making criminal threats, in violation of section 422 of the California Penal Code, is
not a categorical crime of violence. This contention is foreclosed by United States
v. Villavicencio-Burruel, 608 F.3d 556, 563 (9th Cir. 2010). Zetina-Sandoval’s
argument that we are not bound by Villavicencio-Burruel is without merit. See
Newdow v. Lefevre, 598 F.3d 638, 644 (9th Cir. 2010) (a three-judge panel is
bound by circuit precedent unless it is “clearly irreconcilable” with intervening
higher authority).
AFFIRMED.
2 13-10373