UNITED STATES of America, Plaintiff-Appellee, v. Rafael MOLINA-MARTINEZ, Defendant-Appellant, 468 F. App'x 767

MEMORANDUM Rafael Molina-Martinez appeals from the 57-month sentence imposed following his jury-trial conviction for reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Molina-Martinez contends that the district court erred when it applied a 16-level enhancement, under U.S.S.G. § 2L1.2, because his prior conviction for lewd or lascivious acts with a child under 14 years of age, in violation of Cal.Penal Code § 288(a), does not qualify as a crime of violence. He contends that United States v. Baron-Medina, 187 F.3d 1144, 1147 (9th Cir.1999), holding that a violation of CaLPenal Code § 288(

a) is categorically a crime of violence, is inconsistent with Johnson v. United States, — U.S. -, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010). This contention lacks merit. See United States v. Orozco-Acosta, 607 F.3d 1156, 1166 (9th Cir.2010) (citing United States v. Medina-Villa, 567 F.3d 507 (9th Cir.2009)). Accordingly, we decline Molina-Martinez’s invitation that we seek en banc review of this issue. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.