Solorio-Nunez

MEMORANDUM **

Miguel Solorio-Nunez (“Solorio-Nunez”) appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. §§ 1362 (a) and 1326(b)(2). Solorio-Nunez contends (1) the district court erred in applying a felony “crime of violence” enhancement under U.S.S.G. § 2L1.2(b)(l)(A) based upon his conviction for Willful Infliction of Corporal Injury to a Cohabitant under California Penal Code § 273.5, a “wobbler” statute; (2) the 41-month sentence imposed by the district court was proeedurally unreasonable because the court failed to fully consider the factors under 18 U.S.C. § 3553 (a); and (3) his sentence is substantively unreasonable. We affirm.

I. Felony “Crime of Violence” Enhancement

The district court properly applied an enhancement for a felony “crime of violence” based upon the Solorio-Nunez’s conviction under California Penal Code § 273.5. That section provides for punishment as a felony or as a misdemeanor and is therefore a “wobbler” under California law. However, a felony judgment was imposed when the California court sentenced Solorio-Nunez to three years incarceration in state prison, suspended execution of the…