Rodriguez-Horta

MEMORANDUM **

Otali Rodriguez-Horta challenges his sentence for violation of 8 U.S.C. § 1326 (a). We affirm.

Rodriguez-Horta claims that the district court’s enhancement of his sentence by 16 levels under United States Sentencing Guidelines (“USSG”) § 2L1.2(b)(1)(A) violated equal protection. His argument depends on the premise that a “crime of violence,” as used in USSG § 2L1.2(b)(l)(A)(ii), must also be an “aggravated felony,” as defined in 8 U.S.C. § 1101 (a)(43). We rejected this premise in United States v. Pimentel-Flores, 339 F.3d 959 (9th Cir.2003). Pimentelr-Flores held that “a ‘crime of violence’ need[s] only to be a ‘felony' as defined in the application notes — and not an ‘aggravated felony’ as statutorily defined — to qualify for a 16-level enhancement” pursuant to USSG § 2L1.2(b)(l)(A)(ii). Id. at 963. As “[njothing in this definition requires that the prior offense have received a sentence in excess of a year or, for that matter, any custody term at all,” id. at 964, it does not matter to Rodriguez-Horta’s eligibility for the enhancement under USSG § 2L1.2(b)(l)(A)(ii) whether he received a sentence of imprisonment for his prior offense, assault with a deadly…