UNITED STATES of America, Plaintiff-Appellee, v. Rogelio PEREZ-GONZALEZ, Defendant-Appellant, 383 F. App'x 615

MEMORANDUM Rogelio Perez-Gonzalez appeals from the 70-month sentence imposed following his jury-trial conviction for being a deported 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.

Perez-Gonzalez contends that the district court erred by applying a 16-level enhancement under U.S.S.G. § 2L 1.2(b)(1)(A)(ii) because his prior convictions for assault with a deadly weapon, in violation of California Penal Code § 245(a)(1), and inflicting corporal injury on a spouse, in violation of California Penal Code § 273.5, do not qualify as crimes of violence under the Sentencing Guidelines. This contention is foreclosed. See United States v.

Grajeda, 581 F.3d 1186, 1191-97 (9th Cir.2009) (holding that a conviction under California Penal Code § 245(a)(1) is categorically a “crime of violence” under the Guidelines); see also United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir.2010) (holding that a conviction under California Penal Code § 273.5 is categorically a “crime of violence” under the Guidelines). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.