Valenzuela-Valenzuela

MEMORANDUM *

Defendant David Valenzuela-Valenzuela was convicted and sentenced to 41 months in prison for illegally re-entering the United States without consent after a prior deportation, in violation of 8 U.S.C. § 1326 . Valenzuela-Valenzuela appeals the district court’s denial of his motion to grant discovery on his claim of selective prosecution. The government cross-appeals the district court’s refusal to award Valenzuela-Valenzuela a 16-level sentencing enhancement on the ground that the crime of sexual abuse of a minor does not categorically qualify as a “crime of violence” under the sentencing guidelines. See U.S.S.G. § 2L1.2(b)(l)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm with respect to Valenzuela-Valenzuela’s appeal, and reverse and remand for resentencing on the government’s cross-appeal.

We reject Valenzuela-Valenzuela’s appeal of the denial of his selective prosecution motion because it is foreclosed by out-recent decision in United States v. Arenas-Ortiz, 339 F.3d 1066 (9th Cir.2003).

Similarly, our recent decision in United States v. Pereira-Salmeron, 337 F.3d 1148 (9th Cir. Aug.2003), holding that sexual abuse of a minor qualifies…