Opinion
No. 16-50120
09-29-2017
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALEJANDRO OROZCO-MADRIGAL, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 3:15-cr-00215-BEN MEMORANDUM Appeal from the United States District Court for the Southern District of California
Roger T. Benitez, District Judge, Presiding Before: SILVERMAN, TALLMAN, 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.
Alejandro Orozco-Madrigal appeals from the district court's judgment and challenges the 51-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Orozco-Madrigal contends that his prior conviction for assault with a semiautomatic firearm under California Penal Code § 245(b) is not a "crime of violence" for purposes of U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2014). This argument is foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1197 (9th Cir. 2009) (violation of section 245 "is categorically a crime of violence" under § 2L1.2). Contrary to Orozco-Madrigal's contention, our decision in Grajeda is not "clearly irreconcilable" with either Descamps v. United States, 133 S. Ct. 2276 (2013), or Almanza-Arenas v. Lynch, 815 F.3d 469 (9th Cir. 2016) (en banc). See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc).
AFFIRMED.