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08-50169•United States of America v. Edin Orlando Coto, aka Edin Coto Edgar Mejia
08-50169Court of Appeals for the Ninth CircuitMar 4, 2010
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).
HL/Inventory
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDIN ORLANDO COTO, aka Edin Coto
Edgar Mejia,
Defendant - Appellant.
No. 08-50169
D.C. No. 2:07-cr-00643-PA-1
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD and M. SMITH, Circuit Judges.
Edin Coto appeals the 72-month sentence imposed following his jury
conviction of being an illegal alien found in the United States after deportation in
FILED
MAR 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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HL/Inventory
violation of 8 U.S.C. § 1326. Coto contends that the district court erred in
determining that his prior conviction for second degree robbery in violation of
Calif. Penal Code § 211 was a "crime of violence" supporting a 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). As Coto concedes, this
contention is foreclosed by United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir.
2008).
AFFIRMED.
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