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UNITED STATES of America, Plaintiff-Appellee, v. Gerzain Salvador MANZO-SOLANO, a.k.a. Gerzain Manzo-Solano, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2016-04-18No. No. 14-10511
648 F. App'x 696

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Opinion

majority opinion

MEMORANDUM

Gerzain Salvador Manzo-Solano appeals from the district court’s judgment and challenges the 27-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Manzo-Solano 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 for second-degree robbery under California Penal Code §§ 211 and 212.5(c) is not a crime of violence. This claim is foreclosed. See United States v. Becerril-Lopez, 541 F.3d 881, 893 & n. 10 (9th Cir.2008) (a conviction for robbery under California Penal Code § 211 is a categorical crime of violence). Contrary to Manzo-Solano’s assertion, Descamps v. United States, — U.S. —, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), which concerns the modified categorical approach, does not allow us to disregard Becerril-Lopez. See 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.

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