United States of America v. Alex Mazariego-Gomez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALEX MAZARIEGO-GOMEZ,
Defendant - Appellant.
No. 15-50079
D.C. No. 3:14-cr-02294-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Alex Mazariego-Gomez appeals from the district court’s judgment and
challenges the 30-month sentence imposed following his guilty-plea conviction for
being a removed 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
APR 18 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

Mazariego-Gomez contends that the district court erred in applying a 16-
level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his prior
conviction under California Penal Code § 211 is not a crime of violence. This
claim is foreclosed. See United States v. Becerril-Lopez, 541 F.3d 881, 893 & n.10
(9th Cir. 2008) (a conviction for robbery under California Penal Code § 211 is a
categorical crime of violence). Contrary to Mazariego-Gomez’s assertion,
Descamps v. United States, 133 S. Ct. 2276 (2013), which concerns the modified
categorical approach, does not allow us to disregard Becerril-Lopez. See Miller v.
Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc) (three-judge panel is bound
by circuit precedent unless that precedent is “clearly irreconcilable” with
intervening higher authority).
Because the district court properly applied a 16-level enhancement under
U.S.S.G. § 2L1.2(b)(1)(A)(ii), we need not reach Mazariego-Gomez’s contention
that his prior conviction is not an aggravated felony for purposes of an 8-level
enhancement under § 2L1.2(b)(1)(C).
AFFIRMED.
15-50079 2

-- 2 of 2 --