United States of America v. Juan Carlos Chavez Gomez

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NOT FOR PUBLICATION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.
JUAN CARLOS CHAVEZ GOMEZ,
Defendant - Appellant.
No. 09-50246
D.C. No. 2:09-cr-00013-JFW-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN and W. FLETCHER, Circuit Judges.
Juan Carlos Chavez Gomez appeals the sentence imposed following his
guilty plea to being an illegal 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
SEP 29 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Gomez 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. Gomez concedes,
however, that this contention is 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).
As Gomez further concedes, his contentions concerning Almendarez–Torres
are also foreclosed. See Grajeda, 581 F.3d at 1197 (holding that
Almendarez–Torres is binding unless it is expressly overruled by the Supreme
Court).
AFFIRMED.

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