FILED

NOT FOR PUBLICATION MAR 04 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-50169

Plaintiff - Appellee, D.C. No. 2:07-cr-00643-PA-1

v.

MEMORANDUM *

EDIN ORLANDO COTO, aka Edin Coto Edgar Mejia,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD and M. SMITH, Circuit Judges.

Edin Coto appeals the 72-month sentence imposed following his jury

conviction of being an illegal alien found in the United States after deportation in

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

HL/Inventory violation of 8 U.S.C. § 1326. Coto contends that the district court erred in

determining that his prior conviction for second degree robbery in violation of

Calif. Penal Code § 211 was a "crime of violence" supporting a 16-level

enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). As Coto concedes, this

contention is foreclosed by United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir.

2008).

AFFIRMED.

HL/Inventory