United States of America v. MICHAEL RIVERA DELGADO, AKA Player

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL RIVERA DELGADO, AKA
Player,
Defendant-Appellant.
No. 21-50059
D.C. No. 8:19-cr-00167-DOC-5
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
Michael Rivera Delgado appeals from the district court’s judgment and
challenges the 110-month sentence imposed following his guilty-plea conviction
for engaging in the business of dealing in firearms without a license and aiding and
abetting, in violation of 18 U.S.C. §§ 2(a), 922(a)(1)(A), and being a felon in
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 28 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 21-50059
possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Delgado contends that the district court erred by treating his prior state
conviction for making a criminal threat under California Penal Code § 422 as a
crime of violence under U.S.S.G. §§ 2K2.1 and 4B1.2(a). Delgado’s argument is
foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556, 563 (9th Cir.
2010). Contrary to Delgado’s assertion, we are bound by Villavicencio-Burruel,
which remains good law. See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003)
(en banc) (holding that a three-judge panel is bound by circuit precedent unless that
precedent is “clearly irreconcilable” with intervening higher authority); Arellano
Hernandez v. Lynch, 831 F.3d 1127, 1131 (9th Cir. 2016) (rejecting argument that
Villavicencio-Burruel is no longer valid and stating that the decision “remains the
law of this circuit”).
AFFIRMED.

-- 2 of 2 --