United States of America v. Guadencio Cayetano-Camacho

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NOT FOR PUBLICATION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.
GUADENCIO CAYETANO-CAMACHO,
Defendant - Appellant.
No. 09-50053
D.C. No. 3:07-CR-03267-JLS-1
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD and M. SMITH, Circuit Judges.
Guadencio Cayetano-Camacho appeals from the 51-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
FILED
MAR 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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HL/Inventory
States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C.
§ 1291. We affirm.
Cayetano-Camacho contends the district court erred by applying a “crime of
violence” sentencing enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii),
because his prior conviction for lewd and lascivious acts on a minor under 14, in
violation of California Penal Code § 288(a), does not constitute sexual abuse of a
minor. This contention is foreclosed by United States v. Medina-Villa, 567 F.3d
507, 509 (9th Cir. 2009).
AFFIRMED.

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