Opinion
No. 17-50209
08-21-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. FRANCISCO HEREDIA-SILVA, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 3:16-cr-02622-LAB MEMORANDUM Appeal from the United States District Court for the Southern District of California
Larry A. Burns, District Judge, Presiding Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Francisco Heredia-Silva appeals his bench-trial 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.
Heredia-Silva contends that his prior conviction for making terrorist threats under California Penal Code § 422 is not a "crime of violence" for purposes of 18 U.S.C. § 16(a). He argues, therefore, that the district court erred by denying his motion to dismiss the information under 8 U.S.C. § 1326(d). As Heredia-Silva concedes, this argument is foreclosed. See Arellano Hernandez v. Lynch, 831 F.3d 1127, 1132 (9th Cir. 2016) ("[A]pplying our precedent, section 422 is categorically a crime of violence."). Heredia-Silva's request that we sua sponte call for en banc review of this precedent is denied.
AFFIRMED.