United States of America v. Cesar Correa-Correa

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NOT FOR PUBLICATION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.
CESAR CORREA-CORREA,
Defendant - Appellant.
No. 10-10226
D.C. No. 4:09-cr-01626-JMR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John M. Roll, Chief Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Cesar Correa-Correa appeals from the low-end 41-month sentence imposed
following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C.
§ 1326. We dismiss.
FILED
NOV 03 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10226 2
Correa-Correa contends that the district court erred in applying the 16-level
“crime of violence” enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because it
conducted a modified categorical analysis of the relevant state statute without first
determining that the statute is broader than its federal counterpart. We are
precluded from reaching the merits of Correa-Correa’s claim by a valid appeal
waiver. See United States v. Nunez, 223 F.3d 956, 958-59 (9th Cir. 2000); see also
United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc).
DISMISSED.

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