United States of America v. Joel Valdez-Castro

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NOT FOR PUBLICATION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.
JOEL VALDEZ-CASTRO,
Defendant - Appellant.
No. 09-50101
D.C. No. 3:07-CR-02668-RTB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Joel Valdez-Castro appeals from the 51-month sentence imposed following
his guilty-plea conviction for being a deported alien found in the United States, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50101 2
Valdez-Castro contends that the district court erred by determining that his
prior conviction for assault with a firearm, in violation of California Penal Code
§ 245(a)(2), constituted a crime of violence under U.S.S.G. § 2L1.2, because
section 245(a)(2) does not contain the requisite intent or use of force. These
contentions are foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1191-97
(9th Cir. 2009); see also United States v. Heron-Salinas, 566 F.3d 898, 899 (9th
Cir. 2009).
Valdez-Castro also contends that his sentence is substantively unreasonable.
The district court did not procedurally err and, in light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) sentencing factors, Valdez-Castro’s
sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993
(9th Cir. 2008) (en banc).
AFFIRMED.

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