FILED
NOT FOR PUBLICATION APR 19 2010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. 08-10425
Plaintiff - Appellee, D.C. No. 4:07-CR-00707-DLJ
v.
MEMORANDUM *
VICTOR GUSTAVO ROMERO-
ABRAJAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
D. Lowell Jensen, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Victor Gustavo Romero-Abrajan appeals from the 60-month sentence
imposed following his guilty-plea conviction for being a deported alien found in
the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant
to 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).
Romero-Abrajan contends that the district court erred when it applied a 16-
level “crime of violence” adjustment under U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on
his prior conviction for inflicting corporal injury on a spouse, in violation of
California Penal Code § 273.5. Romero-Abrajan’s argument is foreclosed by
United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir. 2010) (holding that a
conviction under California Penal Code § 273.5 is categorically a “crime of
violence” under the Guidelines because the offense requires the intentional use of
physical force against the person of another).
AFFIRMED.