United States v. Jose Lugo

FILED
NOT FOR PUBLICATION SEP 15 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10008
Plaintiff - Appellee, D.C. No. 4:13-cr-01105-CKJ-
LAB-1
v.
JOSE LUGO, AKA Jose Ignacio-Zamaron MEMORANDUM*
Lugo,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted September 11, 2014**
San Francisco, California
Before: BEA, IKUTA, and HURWITZ, Circuit Judges.
Defendant Jose Lugo appeals the district court’s imposition of a 16-level
sentencing enhancement. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
*
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).
Lugo’s prior conviction for violating Cal. Penal Code § 261.5(d), which
prohibits unlawful sexual intercourse with a minor under 16, is categorically a
crime of violence within the meaning of U.S.S.G. § 2L1.2(b)(1)(A)(ii). See United
States v. Gomez-Mendez, 486 F.3d 599, 603 (9th Cir. 2007) (concluding that the
generic crime of statutory rape encompasses “the full range of conduct proscribed
by Cal. Penal Code § 261.5(d)”). Our decisions defining the term “sexual abuse of
a minor” do not alter the elements of generic statutory rape. See United States v.
Zamorano-Ponce, 699 F.3d 1117, 1120 (9th Cir. 2012).
AFFIRMED.
2