Bueno-Solis

MEMORANDUM *

Pedro Bueno-Solis (“Bueno-Solis”) appeals the district court’s application of a sixteen-level sentencing enhancement pursuant to U.S.S.G. § 2L.1.2(b)(l)(A) based on his 1997 conviction for lewd and lascivious acts with a child under 14 years of age in violation of California Penal Code § 288(a).

A district court’s determination that a prior conviction permits application of the aggravated felony provisions of the Sentencing Guidelines is reviewed de novo. United States v. Rivera-Sanchez, 247 F.3d 905, 907 (9th Cir.2001) (en banc). “[A] prior felony conviction for lewd or lascivious acts upon a child under the age of 14 years, under California Penal Code § 288, constitutes a conviction for a ‘crime of violence’ under the Federal Sentencing Guidelines provision governing sentences for unlawful re-entry into the United States, U.S.S.G. § 2L1.2.” United States v. Medina-Maella, 351 F.3d 944, 945 (9th Cir.2003). The district court properly relied upon the abstract of judgment and charging document to conclude that there was clear and convincing evidence that Bueno-Solis had been convicted under § 288(a). See United States v. Rodriguez-Lara, 421 F.3d 932, 949-50 (9th…