Ruiz-Tello

MEMORANDUM **

Armando Ruiz-Tello appeals the sentence imposed by the district court following his guilty plea to one count of being an alien found in the United States without the permission of the Attorney General following deportation, in violation of 8 U.S.C. § 1326 . Ruiz-Tello contends that his 1991 convictions for lewd or lascivious acts with a minor did not constitute aggravated felonies for purposes of 8 U.S.C. § 1101 (a)(43)(A), and that the district court consequently erred when it imposed a 16-level increase in his offense level pursuant to United States Sentencing Guidelines Manual (“USSG”) § 2L1.2(b)(l)(A). 1 We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

In determining whether an offense is an aggravated felony for purposes of USSG § 2L1.2, we examine the statutory definition of the crime categorically, rather than the particular facts underlying the prior offense. United States v. Corona-Sanchez, 291 F.3d 1201, 1208-09 (9th Cir.2002) (en banc). Ruiz-Tello’s convictions under Cal.Penal Code §§ 261.5 and 288(c) constituted aggravated felonies for purposes of USSG § 2L1.2(b)(l)(A). See United States v. Baron-Medina, 187 F.3d…