FILED
NOT FOR PUBLICATION JUN 24 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10356
Plaintiff - Appellee, D.C. No. 4:12-cr-00736-RCC-JR-1
v.
MEMORANDUM*
EZEQUIEL BENJAMIN SOLIS-
FLORES, AKA Benjamin F. Solis, AKA
Benjamin Solis-Flores,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief District Judge, Presiding
Submitted June 12, 2014**
San Francisco, California
Before: SCHROEDER, GRABER, and BYBEE, Circuit Judges.
*
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).
Ezequiel Benjamin Solis-Flores appeals the sentence imposed following his
guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326. We
have jurisdiction to review under 28 U.S.C. § 1291, and we affirm.
Solis-Flores argues that he was entitled to an additional one-point reduction
under U.S.S.G. § 3E1.1(b) for acceptance of responsibility, even though he did not
waive his appellate rights. The district court, however, already awarded the
additional one-point reduction.
Solis-Flores also contends that the district court erred in applying a 16-level
enhancement for a prior conviction of a felony crime of violence under U.S.S.G.
§ 2L1.2(b)(1)(A)(ii). Although Solis-Flores conceded that the underlying
conviction was a felony on its face, he now asserts that the facts supporting the
conviction do not satisfy the requirements for the felony portion of the state statute.
Wash. Rev. Code § 9A.46.020(2)(b). This amounts to a collateral attack on his
prior conviction that may not be maintained at sentencing. United States v.
Burrows, 36 F.3d 875, 884–85 (9th Cir. 1994). The district court did not err in
imposing the 16-level enhancement.
AFFIRMED.
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