United States of America v. Daniel Reyes-Zarate

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL REYES-ZARATE,
Defendant - Appellant.
No. 14-50450
D.C. No. 3:13-cr-04121-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Daniel Reyes-Zarate appeals from the district court’s judgment and
challenges the 72-month sentence imposed following his guilty-plea conviction for
being a removed alien found in the United States, in violation of 8 U.S.C. § 1326.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 19 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Reyes-Zarate 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
under California Penal Code § 211 is not a crime of violence. Reyes-Zarate’s
argument is foreclosed. See United States v. Flores-Mejia, 687 F.3d 1213, 1216
(9th Cir. 2012) (a conviction under California Penal Code § 211 is a categorical
crime of violence); see also 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.
14-50450 2

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