Opinion
No. 14-50450
10-19-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DANIEL REYES-ZARATE, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-04121-LAB MEMORANDUM Appeal from the United States District Court for the Southern District of California
Larry A. Burns, District Judge, Presiding
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Daniel Reyes-Zarate appeals from the district court's judgment and challenges the 72-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.
Reyes-Zarate 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. Reyes-Zarate's argument is foreclosed. See United States v. Flores-Mejia, 687 F.3d 1213, 1216 (9th Cir. 2012) (a conviction under California Penal Code § 211 is a categorical crime of violence); see also 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).
AFFIRMED.