Gonzalez-Bustamante

MEMORANDUM *

Carlos David Gonzalez-Bustamante appeals his sentence imposed following conviction by jury of attempting to enter the United States after deportation and making a false claim of United States citizenship in violation of 8 U.S.C. § 1326 and 18 U.S.C. § 911 , respectively. We have jurisdiction, 28 U.S.C. § 1291 , and affirm. The parties are familiar with the facts, therefore, we discuss only those necessary to our analysis.

Bustamante asserts that his conviction under California law for assault with a deadly weapon in violation of CahPenal Code § 245(a)(2) does not constitute a “crime of violence” for purposes of sentence enhancement under U.S.S.G. § 2L1.2 because, he argues, that requires a finding of specific intent, but the California crime for which he was convicted is only a general intent crime. We disagree. Our precedent instructs that a “crime of violence” does not require a finding of intentional use of force. United States v. Trinidad-Aquino, 259 F.3d 1140, 1146 (9th Cir.2001).

Bustamante’s remaining contention which we review for plain error is that 18 U.S.C. § 3583 , which authorizes a term of supervised release, violates Apprendi v. New Jersey, 530 U.S.…