United States v. Gerzain Manzo-Solano ( 2016 )

FILED
NOT FOR PUBLICATION APR 18 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10511
Plaintiff - Appellee, D.C. No. 4:13-cr-02059-RM
v.
MEMORANDUM*
GERZAIN SALVADOR MANZO-
SOLANO, a.k.a. Gerzain Manzo-Solano,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Rosemary Marquez, District Judge, Presiding
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Gerzain Salvador Manzo-Solano appeals from the district court’s judgment
and challenges the 27-month sentence imposed following his guilty-plea
*
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).
conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Manzo-Solano 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 for
second-degree robbery under California Penal Code §§ 211 and 212.5(c) 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
Manzo-Solano’s assertion, Descamps v. United States, 133 S. Ct. 2276 (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 Cir. 2003) (en
banc) (three-judge panel is bound by circuit precedent unless that precedent is
“clearly irreconcilable” with intervening higher authority).
AFFIRMED.
2 14-10511