United States v. Juan Martinez-Gomez

MEMORANDUM

Juan Martinez-Gomez appeals the sentence imposed after he pled guilty to one count of illegal reentry in violation of 8 U.S.C. § 1326 . Applying our decision in United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009), the district court determined that Martinez-Gomez’s prior conviction for assault with a deadly weapon in violation of California Penal Code § 245 qualified as a “crime of violence” within the meaning of United States Sentencing Guideline § 2L1.2 and therefore applied a 16-level upward adjustment. After calculating the Guidelines range as 37 to 46 months, the district court sentenced Martinez-Gomez to 37 months. We have jurisdiction pursuant to 8 U.S.C. § 1291 , and we affirm.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.