United States v. Leticia Rodriguez , 436 F. App'x 793 ( 2011 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             JUN 08 2011
    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. 10-50300
    Plaintiff - Appellee,             D.C. No. 3:09-cr-00570-BTM
    v.
    MEMORANDUM *
    LETICIA LLAGUNO RODRIGUEZ,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Southern District of California
    Barry T. Moskowitz, District Judge, Presiding
    Submitted May 24, 2011 **
    Before:        PREGERSON, THOMAS, and PAEZ, Circuit Judges.
    Leticia Llaguno Rodriguez appeals from the 42-month sentence imposed
    following her guilty-plea conviction for being a deported alien found in the United
    States, 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 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).
    Rodriguez contends that the district court erred when it applied a 16-level
    enhancement, under U.S.S.G. § 2L1.2, because her prior conviction for lewd or
    lascivious acts with a child under 14 years of age, in violation of 
    Cal. Penal Code § 288
    (a), does not qualify as a crime of violence. She contends that United States
    v. Medina-Villa, 
    567 F.3d 507
    , 511-16 (9th Cir. 2009), holding that a violation of
    
    Cal. Penal Code § 288
    (a) is categorically a crime of violence, is inconsistent with
    Estrada-Espinoza v. Mukasey, 
    546 F.3d 1147
     (9th Cir. 2008) (en banc). This
    contention lacks merit. See United States v. Farmer, 
    627 F.3d 416
    , 421-22 (9th
    Cir. 2010). Accordingly, we decline Rodriguez’s invitation that we seek en banc
    review of this issue.
    Rodriguez also contends that Nijhawan v. Holder, 
    129 S. Ct. 2294
     (2009),
    effectively overruled Medina-Villa. This contention fails.
    AFFIRMED.
    2                                    10-50300
    

Document Info

Docket Number: 10-50300

Citation Numbers: 436 F. App'x 793

Judges: Paez, Pregerson, Thomas

Filed Date: 6/8/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023