Molina-Salas

MEMORANDUM **

Defendant-Appellant Milton Molina-Salas appeals his seventy-seven month sentence for attempted re-entry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Contrary to Molina-Salas’s contention, his 1998 California Penal Code § 211 robbery conviction is a “crime of violence,” meriting a sixteen-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). See United States v. McDougherty, 920 F.2d 569, 573-74 (9th Cir.1990) (holding that § 211 constituted a categorical “crime of violence” as the term is defined in the U.S.S.G. § 4B1.2); see also United States v. Granbois, 376 F.3d 993, 996 (9th Cir.2004) (noting that “the term ‘crime of violence’ does not take on different meanings depending on where it appears in the Guidelines.”).

Molina-Salas also argues that aiding and abetting liability under California law, implicit in every California offense, is broader than the common law aiding and abetting. We need not address this issue because, even though the modified categorical approach was raised and argued below, the district court did not explicitly rely on it because the court decided that §…