UNITED STATES of America, Plaintiff-Appellee, v. Edgar Nemecio BARAJAS-ESPINOZA, aka Edgar Barajas, aka Edgar Nemecio Barajas-Espinoza, Defendant-Appellant, 597 F. App'x 437

MEMORANDUM 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 § 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. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.