NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50120
Plaintiff-Appellee, D.C. No. 3:15-cr-00215-BEN
v.
MEMORANDUM*
ALEJANDRO OROZCO-MADRIGAL,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Alejandro Orozco-Madrigal appeals from the district court’s judgment and
challenges the 51-month sentence imposed following his guilty-plea conviction for
attempted reentry of a removed alien, 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 Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Orozco-Madrigal contends that his prior conviction for assault with a
semiautomatic firearm under California Penal Code § 245(b) is not a “crime of
violence” for purposes of U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2014). This argument is
foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1197 (9th Cir. 2009)
(violation of section 245 “is categorically a crime of violence” under § 2L1.2).
Contrary to Orozco-Madrigal’s contention, our decision in Grajeda is not “clearly
irreconcilable” with either Descamps v. United States, 133 S. Ct. 2276 (2013), or
Almanza-Arenas v. Lynch, 815 F.3d 469 (9th Cir. 2016) (en banc). See Miller v.
Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc).
AFFIRMED.
2 16-50120