United States v. Arnulfo Murillo-Cuellar

FILED
NOT FOR PUBLICATION SEP 22 2010
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. 10-50023
Plaintiff - Appellee, D.C. No. 3:09-cr-02436-LAB-1
v.
MEMORANDUM *
ARNULFO MURILLO-CUELLAR,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges.
Arnulfo Murillo-Cuellar appeals the sentence imposed following his guilty
plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326. 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).
Murillo-Cuellar contends the district court erred when it applied a 16-level
“crime of violence” adjustment under U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on his
prior conviction for inflicting corporal injury on a spouse, in violation of California
Penal Code § 273.5. Murillo-Cuellar's contention is foreclosed by United States v.
Laurico-Yeno, 590 F.3d 818, 823 (9th Cir. 2010) (holding that a conviction under
California Penal Code § 273.5 is categorically a “crime of violence” under the
Guidelines because the offense requires the intentional use of physical force
against the person of another).
As Murillo-Cuellar concedes, his contention that his Fifth and Sixth
Amendment rights were violated is foreclosed. See, e.g., United States v.
Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir. 2006); see also United States
v. Grisel, 488 F.3d 844, 846 (9th Cir. 2007) (en banc).
AFFIRMED.