United States v. Anael Vasquez-Diaz , 430 F. App'x 576 ( 2011 )

FILED
NOT FOR PUBLICATION APR 28 2011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. 10-50155
Plaintiff - Appellee, D.C. No. 3:08-cr-01011-JM-1
v.
MEMORANDUM *
ANAEL VASQUEZ-DIAZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, Senior District Judge, Presiding
Submitted April 20, 2011 **
Before: RYMER, THOMAS and PAEZ, Circuit Judges.
Anael Vasquez-Diaz appeals the sentence imposed following his guilty plea
to attempted entry after deportation in violation of 8 U.S.C. § 1326. Vasquez-Diaz
contends that the district court erred in determining that his prior conviction for
*
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).
making criminal threats in violation of Calif. Penal Code § 422 was a crime of
violence warranting a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). As
Vasquez-Diaz concedes, this contention is foreclosed by United States v.
Villavicencio-Burruel, 608 F.3d 556 (9th Cir. 2010), which held that a § 422
violation is categorically a crime of violence.
AFFIRMED.