Opinion
No. 16-50237
01-22-2018
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN ANTONIO GONZALEZ-URENA, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:15-cr-02442-JM MEMORANDUM Appeal from the United States District Court for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Juan Antonio Gonzalez-Urena appeals from the district court's judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Gonzalez-Urena argues that his prior conviction under California Penal Code § 215 is not a crime of violence and, therefore, the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2015). This claim is foreclosed. See United States v. Velasquez-Bosque, 601 F.3d 955, 963 (9th Cir. 2010) (holding that § 215 is categorically a "crime of violence" for purposes of U.S.S.G. § 2L1.2).
As Gonzalez-Urena acknowledges, his argument that Descamps v. United States, 133 S. Ct. 2276 (2013), is clearly irreconcilable with Velasquez-Bosque or with the case on which it relies, United States v. Becerril-Lopez, 541 F.3d 881, 893 (9th Cir. 2008), is also foreclosed. See United States v. Chavez-Cuevas, 862 F.3d 729, 739-40 (9th Cir. 2017) (concluding that Descamps "did not impliedly abrogate Becerril-Lopez").
We decline Gonzalez-Urena's invitation to revisit the holdings of Velasquez-Bosque and Becerril-Lopez because his challenge to those holdings relies on "no change in the relevant statutes or regulations, nor in any governing authority." United States v. Ramos-Medina, 706 F.3d 932, 938 (9th Cir. 2013). "Absent such a change, only an en banc panel of our court may overrule or revise the binding precedent established by a published opinion." Id. at 938-39.
AFFIRMED.