Opinion
No. 08-50169.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
March 4, 2010.
Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding D.C. No. 2:07-cr-00643-PA-1.
Before: FERNANDEZ, GOULD and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Edin Coto appeals the 72-month sentence imposed following his jury conviction of being an illegal alien found in the United States after deportation in violation of 8 U.S.C. § 1326. Coto contends that the district court erred in determining that his prior conviction for second degree robbery in violation of Calif. Penal Code § 211 was a "crime of violence" supporting a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). As Coto concedes, this contention is foreclosed by United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. 2008).
AFFIRMED.