United States v. Hector Farias-Alvarez

MEMORANDUM

Hector Farias-Alvarez appeals from the district court’s judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for being an alien in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Farias-Alvarez contends that the district court erred when it applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his prior assault conviction under section 9A.36.021(l)(c) of the Revised Code of Washington. The district court did not err when it applied the enhancement. See United States v. Hermoso-Garcia, 413 F.3d 1085, 1089 (9th Cir.2005) (holding that a conviction under section 9A.36.021(1) is categorically a “crime of violence” under section 2L1.2(b)(1)(A)(ii)); see also United States v. Grajeda, 581 F.3d 1186, 1189 (9th Cir.2009) (court’s “inquiry is complete” if offense is categorically a crime of violence).

Farias-Alvarez contends that the district court procedurally erred by failing to sentence him individually and failing to address his non-frivolous requests for sentencing relief. We review for harmless error. See United States v.…