United States v. Gonzalo Anaya-Santiago

MEMORANDUM

Gonzalo Anaya-Santiago appeals from the 6S-month sentence imposed following his bench-trial conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Anaya-Santiago contends that the district court erred by imposing a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because his conviction under Indiana Code § 35-42-4-3(b) does not qualify as sexual abuse of a minor under Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir.2008) (en banc). The district court correctly determined that the Indiana conviction constituted sexual abuse of a minor warranting the 16-level enhancement. See United States v. Medina-Villa, 567 F.3d 507, 513-16 (9th Cir.2009). We reject Anaya-Santiago’s argument that Medina-Villa is no longer good law.

Anaya-Santiago also contends that he was subject to the 2-year statutory maximum of 8 U.S.C. § 1326 (a), rather than the 20-year maximum of section 1326(b)(2), because the Supreme Court implicitly overruled Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), in Nijhawan v. Holder, 557 U.S. 29 , 129…