MEMORANDUM

Alfonso Lozano-Torres contends that the trial court erred when it assessed criminal history points for his state convictions for evading police and leaving the scene of an accident. He claimed in his opening brief that the offenses occurred during the commission of his immigration offense, but now concedes that United States v. Cruz-Gramajo, 570 F.3d 1162 (9th Cir.2009), cert. denied, — U.S.-, 130 S.Ct. 646 , 175 L.Ed.2d 494 (2009), forecloses that argument.

Lozano-Torres also asserts that he evaded police and left the scene of an accident “in the course of attempting to avoid detection or responsibility for [his current immigration offense]” and, therefore, those offenses should have been treated as relevant conduct and not counted as prior offenses in calculating criminal history. U.S.S.G. § lB1.3(a)(l)(A). We recently held that conduct which was motivated to avoid detection should be treated as relevant conduct and not as a prior offense for criminal history purposes. United States v. Rivercu-Gomez, 634 F.3d 507 , 514-16 (9th Cir.2011).

Although Riverar-Gomez had not been decided at the time Lozano-Torres was sentenced, the district court held a hearing focused specifically on the question of how the offenses should be treated:

The court examined the police report on the evasion offenses, listened to the parties’ arguments and found:

We review the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Guidelines to the facts of the case for abuse of discretion, and the district court’s factual findings for clear error. United States v. Cruz-Gramajo, 570 F.3d at 1167 . In this case, the court’s finding that the evasion offenses were not committed with the intent to avoid detection as an illegal alien was not clear error; the court did not abuse its discretion in applying the Guidelines to the facts as found; and the court correctly treated the evasion offenses as includable in Lozano-Torres’s criminal history since they were not relevant conduct to his current immigration offense.

AFFIRMED.

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