FILED
NOT FOR PUBLICATION MAR 04 2010
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. 09-50053
Plaintiff - Appellee, D.C. No. 3:07-CR-03267-JLS-1
v.
MEMORANDUM *
GUADENCIO CAYETANO-CAMACHO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD and M. SMITH, Circuit Judges.
Guadencio Cayetano-Camacho appeals from the 51-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
*
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).
HL/Inventory
States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C.
§ 1291. We affirm.
Cayetano-Camacho contends the district court erred by applying a “crime of
violence” sentencing enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii),
because his prior conviction for lewd and lascivious acts on a minor under 14, in
violation of California Penal Code § 288(a), does not constitute sexual abuse of a
minor. This contention is foreclosed by United States v. Medina-Villa, 567 F.3d
507, 509 (9th Cir. 2009).
AFFIRMED.
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