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UNITED STATES of America, Plaintiff-Appellee, v. Alberto ALVAREZ-GONZALEZ, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2003-11-20No. No. 02-50633
81 F. App'x 920

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Opinion

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MEMORANDUM

Alberto Alvarez-Gonzalez appeals the sentence imposed upon him after he pled guilty to being an illegal alien who was found in the United States following deportation. See 8 U.S.C. § 1326(a). We affirm.

Alvarez’s sentence was based on the determination that he had committed a crime of violence prior to his deportation. See USSG § 2L1.2. He argues that his state court conviction for committing a lewd and lascivious act upon a minor was not sexual abuse of a minor within the meaning of the Guideline. He is wrong. See United States v. Pereira-Salmeron, 337 F.3d 1148, 1154-55 (9th Cir.2003); United States v. Baron-Medina, 187 F.3d 1144, 1147 (9th Cir.1999). He also argues that sexual abuse of a minor is not necessarily a crime of violence, anyway. Again, he is wrong. See Pereira-Salmeron, 337 F.3d at 1151-52. AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. All references to the Sentencing Guidelines are to the November 1, 2002, version.

. Cal.Penal Code § 288(a).

. USSG § 2L1.2, comment. (n.l(B)(ii)(II)).