FILED
NOT FOR PUBLICATION OCT 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10342
Plaintiff-Appellee, D.C. No. 4:14-cr-01696-RM
v.
MEMORANDUM*
FRANK CORDOVA-GONZALEZ, a.k.a.
Frank Cordova, a.k.a. Frank Efraim
Cordova,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Rosemary Marquez, District Judge, Presiding
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Frank Cordova-Gonzalez appeals from the district court’s judgment and
challenges the 18-month sentence imposed following his guilty-plea conviction for
*
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).
reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Cordova-Gonzalez argues that the district court erred in imposing a sixteen-
level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) for his 2006 Nevada state
court conviction for robbery pursuant to Nev. Rev. Stat. § 200.380. We review de
novo the district court’s determination that a defendant’s prior state court
conviction qualifies as a crime of violence for purposes of U.S.S.G. § 2L1.2. See
United States v. Becerril-Lopez, 541 F.3d 881, 889 (9th Cir. 2008). Contrary to his
contention, Cordova-Gonzalez’s argument is foreclosed by our decision in United
States v. Harris, 572 F.3d 1065, 1066 (9th Cir. 2009) (“[A] conviction under Nev.
Rev. Stat. § 200.380 categorically qualifies as a crime of violence.”).
Furthermore, we note that the district court concluded that the 16-level
enhancement required under U.S.S.G. § 2L1.2(b)(1)(A) overstated Cordova-
Gonzalez’s criminal history, and accordingly varied downward from a guidelines
range of 41-51 months to impose an 18-month sentence.
AFFIRMED.
2 15-10342