Opinion
No. 13-10667
03-16-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EDGAR NEMECIO BARAJAS-ESPINOZA, AKA Edgar Barajas, AKA Edgar Nemecio Barajas-Espinoza, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 4:13-cr-01232-RCC-JR-1 MEMORANDUM Appeal from the United States District Court for the District of Arizona
Raner C. Collins, Chief District Judge, Presiding
Submitted March 12, 2015 San Francisco, California Before: WALLACE, M. SMITH, and WATFORD, Circuit Judges.
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).
The district court correctly held that Edgar Nemecio Barajas-Espinoza's prior conviction for rape of a child in the second degree, Wash. Rev. Code § 9A.44.076(1), qualifies as a "crime of violence" under United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii). In United States v. Valencia-Barragan, 608 F.3d 1103 (9th Cir. 2010), we held that "a conviction under section 9A.44.076(1) categorically constitutes sexual abuse of a minor under the first generic definition" of that offense and therefore qualifies as a "crime of violence." Id. at 1107. Barajas-Espinoza points to no subsequent precedent that undermines Valencia-Barragan, which controls here. As a result, the district court did not err by applying the 16-level enhancement. U.S.S.G. § 2L1.2(b)(1)(A).
AFFIRMED.