United States v. Abundez-Chavez

MEMORANDUM ^**

Miguel Abundez-Chavez appeals from the 33-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Abundez-Chavez contends that the district court erred when it determined that his prior conviction for discharging a firearm from a motor vehicle, in violation of Utah Code Ann. § 76-10-508, is a crime of violence as defined by U.S.S.G. § 2L1.2(b)(l)(A)(ii). We are precluded from reaching the merits of this claim by the valid appeal waiver. See United States v. Nunez, 223 F.3d 956, 958 (9th Cir.2000); see also United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.