Carrasco-Rivera
United States v. Carrasco-Rivera
Opinion
Lead Opinion
MEMORANDUM **
Felipe Carrasco-Rivera appeals his 48-month sentence and conviction for being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
The district court did not err in imposing a sixteen-level sentencing enhancement for Carrasco-Rivera’s prior conviction under California Penal Code § 288(a). See U.S.S.G. § 2L1.2(b)(l)(A)(ii). We previously have held that § 288(a) categorically constitutes a “crime of violence” under the approach set forth in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). United States v. Medina-Maella, 351 F.3d 944, 947 (9th Cir.2003). For the reasons explained in United States v. Medina-Villa, 567 F.3d 507, 511 (9th Cir.2009), our recent decision in Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir.2008) (en banc), does not change this conclusion.
As Carrasco-Rivera concedes, his remaining arguments — that we should limit Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), to its facts under the doctrine of constitutional doubt; that Almendarez-Ton-es has been overruled; and…