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UNITED STATES of America, Plaintiff-Appellee, v. Victor Gustavo ROMERO-ABRAJAN, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-04-19No. No. 08-10425
376 F. App'x 737

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Opinion

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MEMORANDUM

Victor Gustavo Romero-Abrajan appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Romero-Abrajan contends that the district court erred when it applied a 16-level “crime of violence” adjustment under U.S.S.G. § 2L1.2(b)(l)(A)(ii), based on his prior conviction for inflicting corporal injury on a spouse, in violation of California Penal Code § 273.5. Romero-Abrajan’s argument is foreclosed by United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir.2010) (holding that a conviction under California Penal Code § 273.5 is categorically a “crime of violence” under the Guidelines because the offense requires the intentional use of physical force against the person of another).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.