United States of America v. Rogelio Perez-Gonzalez

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGELIO PEREZ-GONZALEZ,
Defendant - Appellant.
No. 08-50476
D.C. No. 3:08-cr-01138-BTM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Rogelio Perez-Gonzalez appeals from the 70-month sentence imposed
following his jury-trial conviction for being a deported alien found in the United
FILED
JUN 10 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-50476 2
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Perez-Gonzalez contends that the district court erred by applying a 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his prior convictions for
assault with a deadly weapon, in violation of California Penal Code § 245(a)(1),
and inflicting corporal injury on a spouse, in violation of California Penal Code
§ 273.5, do not qualify as crimes of violence under the Sentencing Guidelines.
This contention is foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1191-
97 (9th Cir. 2009) (holding that a conviction under California Penal Code §
245(a)(1) is categorically a “crime of violence” under the Guidelines); see also
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).
AFFIRMED.

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