United States v. Antonio Ambrosio-Rubira

MEMORANDUM

Antonio Ambrosio-Rubira appeals the sentence imposed after he pled guilty to one count of illegal reentry in violation of 8 U.S.C. § 1326 . The district court determined that Ambrosio-Rubira’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 12-level upward adjustment. After calculating the Guidelines range as 30 to 37 months, the district court sentenced Am-brosio-Rubira to 30 months. Because the illegal reentry also violated the terms of Ambrosio-Rubira’s supervised release, imposed following a 2010 conviction, the district court sentenced him to an additional eight months, with six months running concurrent to the § 1326 sentence. We have jurisdiction under 8 U.S.C. § 1291 , and we affirm.

1. The Supreme Court’s decisions in Descamps v. United States, — U.S.-, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013) and Mathis v. United States, — U.S. -, 136 S.Ct. 2243 , 195 L.Ed.2d 604 (2016) are not “clearly irreconcilable” with our decision in United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009). Miller v.…