648 F. App'x 698

UNITED STATES of America, Plaintiff-Appellee, v. Alex MAZARIEGO-GOMEZ, Defendant-Appellant.

No. 15-50079.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 2016.*

Filed April 18, 2016.

Alexandra Fairbanks Foster, Assistant U.S., Peter Ko, Assistant U.S., Matthew Sutton, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Ryan V. Fraser, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges,

MEMORANDUM **

Alex Mazariego-Gomez appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for being a removed 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.

Mazariego-Gomez contends that the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his prior conviction under California Penal Code § 211 is not a crime of violence. This claim is foreclosed. See United States v. Becerril-Lopez, 541 F.3d 881, 893 & n. 10 (9th Cir.2008) (a conviction for robbery under California Penal Code § 211 is a categorical crime of violence). Contrary to Mazariego-Gomez’s assertion, Descamps v. United States, — U.S. —, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), which concerns the modified categorical approach, does not allow us to disregard Becerril-Lopez. See Miller v. Gammie, 335 F.3d 889, 893 (9th *699Cir.2003) (en banc) (three-judge panel is bound by circuit precedent unless that precedent is “clearly irreconcilable” with intervening higher authority).

Because the district court properly applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii), we need not reach Mazariego-Gomez’s contention that his prior conviction is not an aggravated felony for purposes of an 8-level enhancement under § 2L1.2(b)(1)(C).

AFFIRMED.

United States v. Mazariego-Gomez
648 F. App'x 698

Case Details

Name
United States v. Mazariego-Gomez
Decision Date
Apr 18, 2016
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648 F. App'x 698

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United States

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