United States of America v. EDGAR NEMECIO BARAJAS- ESPINOZA, AKA Edgar Barajas, AKA Edgar Nemecio Barajas-Espinoza

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDGAR NEMECIO BARAJAS-
ESPINOZA, AKA Edgar Barajas, AKA
Edgar Nemecio Barajas-Espinoza,
Defendant - Appellant.
No. 13-10667
D.C. No. 4:13-cr-01232-RCC-JR-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief District Judge, Presiding
Submitted March 12, 2015**
San Francisco, California
Before: WALLACE, M. SMITH, and WATFORD, Circuit Judges.
The district court correctly held that Edgar Nemecio Barajas-Espinoza’s
prior conviction for rape of a child in the second degree, Wash. Rev. Code
FILED
MAR 16 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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§ 9A.44.076(1), qualifies as a “crime of violence” under United States Sentencing
Guidelines § 2L1.2(b)(1)(A)(ii). In United States v. Valencia-Barragan, 608 F.3d
1103 (9th Cir. 2010), we held that “a conviction under section 9A.44.076(1)
categorically constitutes sexual abuse of a minor under the first generic definition”
of that offense and therefore qualifies as a “crime of violence.” Id. at 1107.
Barajas-Espinoza points to no subsequent precedent that undermines Valencia-
Barragan, which controls here. As a result, the district court did not err by
applying the 16-level enhancement. U.S.S.G. § 2L1.2(b)(1)(A).
AFFIRMED.

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