United States v. Michael Delgado ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 28 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-50059
Plaintiff-Appellee, D.C. No. 8:19-cr-00167-DOC-5
v.
MEMORANDUM*
MICHAEL RIVERA DELGADO, AKA
Player,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
Michael Rivera Delgado appeals from the district court’s judgment and
challenges the 110-month sentence imposed following his guilty-plea conviction
for engaging in the business of dealing in firearms without a license and aiding and
abetting, in violation of 18 U.S.C. §§ 2(a), 922(a)(1)(A), and being a felon in
*
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).
possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Delgado contends that the district court erred by treating his prior state
conviction for making a criminal threat under California Penal Code § 422 as a
crime of violence under U.S.S.G. §§ 2K2.1 and 4B1.2(a). Delgado’s argument is
foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556, 563 (9th Cir.
2010). Contrary to Delgado’s assertion, we are bound by Villavicencio-Burruel,
which remains good law. See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003)
(en banc) (holding that a three-judge panel is bound by circuit precedent unless that
precedent is “clearly irreconcilable” with intervening higher authority); Arellano
Hernandez v. Lynch, 831 F.3d 1127, 1131 (9th Cir. 2016) (rejecting argument that
Villavicencio-Burruel is no longer valid and stating that the decision “remains the
law of this circuit”).
AFFIRMED.
2 21-50059