USA v. Arnulfo Murillo-Cuellar, No. 10-50023 (9th Cir. 2010)

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FILED SEP 22 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50023 D.C. No. 3:09-cr-02436-LAB-1 v. MEMORANDUM * ARNULFO MURILLO-CUELLAR, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges. Arnulfo Murillo-Cuellar appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Murillo-Cuellar contends the district court erred when it applied a 16-level crime of violence adjustment under U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on his prior conviction for inflicting corporal injury on a spouse, in violation of California Penal Code § 273.5. Murillo-Cuellar's contention is foreclosed by United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir. 2010) (holding that a conviction under California Penal Code § 273.5 is categorically a crime of violence under the Guidelines because the offense requires the intentional use of physical force against the person of another). As Murillo-Cuellar concedes, his contention that his Fifth and Sixth Amendment rights were violated is foreclosed. See, e.g., United States v. Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir. 2006); see also United States v. Grisel, 488 F.3d 844, 846 (9th Cir. 2007) (en banc). AFFIRMED.

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