414 F. App'x 957

UNITED STATES of America, Plaintiff-Appellee, v. Jesus GARCIA-FERNANDEZ, Defendant-Appellant.

No. 10-10194.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 15, 2011.*

Filed Feb. 17, 2011.

Mark Willimann, Tucson, AZ, for Plaintiff-Appellee.

Liza M. Granoff, Esquire, Assistant U.S. Attorney, USTU-Office of The U.S. Attorney, Tucson, AZ, for Defendant-Appellant.

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

MEMORANDUM **

Jesus Garcia-Fernandez appeals from the 42-month sentence imposed following his guilty-plea conviction for attempted reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia-Fernandez contends that the district court erred in applying a 16-level “crime of violence” enhancement under U.S.S.G. § 2L1.2(b)(l)(a)(ii), based on his prior robbery conviction, in violation of California Penal Code § § 211 and 212.5(c). The district court did not err. See United States v. Becerril-Lopez, 541 F.3d 881, 890-93 (9th Cir.2008) (holding that a conviction under California Penal Code § 211 is categorically a “crime of violence” under the Guidelines). Moreover, even if the district court had erred, Garcia-Fernandez has not demonstrated that his substantial rights may have been affected. See United States v. Waknine, 543 F.3d 546, 552 (9th Cir.2008).

AFFIRMED.

United States v. Garcia-Fernandez
414 F. App'x 957

Case Details

Name
United States v. Garcia-Fernandez
Decision Date
Feb 17, 2011
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414 F. App'x 957

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United States

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