United States v. Amador-Beltran

Court: Court of Appeals for the Ninth Circuit
Date filed: 2009-09-21
Citations: 333 F. App'x 219
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Lead Opinion

MEMORANDUM **

Ismael Amador-Beltran appeals from the 41-month sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm.

Amador-Beltran argues that the district court erred in applying a 16-level enhancement to his offense level pursuant to United States Sentencing Guidelines § 2L1.2(b)(1 )(A)(ii) based on his prior conviction for assault with a deadly weapon or by means likely to produce great bodily injury under California Penal Code section 245(a)(1). Specifically, he contends that section 245(a)(1) does not constitute a crime of violence for the purposes of the § 2L 1.2(b)(1)(A)(ii) enhancement. Because we held that section 245(a)(1) is categorically a crime of violence under § 2L1.2(b)(l)(A)(ii) in United States v. Grajeda, 581 F.3d 1186 (9th Cir.2009), filed concurrently with this memorandum, we reject his argument and affirm the sentence.

AFFIRMED.

**.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.