USA V. RAFAEL MOLINA-MARTINEZ, No. 11-10092 (9th Cir. 2012)
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FILED FEB 22 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10092 D.C. No. 4:10-cr-01809-FRZ v. MEMORANDUM * RAFAEL MOLINA-MARTINEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Frank R. Zapata, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Rafael Molina-Martinez appeals from the 57-month sentence imposed following his jury-trial conviction for reentry after deportation, in violation of 8 U.S.C. § 1326(a). 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. Appellant. P. 34(a)(2). Molina-Martinez contends that the district court erred when it applied a 16level enhancement, under U.S.S.G. § 2L1.2, because his prior conviction for lewd or lascivious acts with a child under 14 years of age, in violation of Cal. Penal Code § 288(a), does not qualify as a crime of violence. He contends that United States v. Baron-Medina, 187 F.3d 1144, 1147 (9th Cir. 1999), holding that a violation of Cal. Penal Code § 288(a) is categorically a crime of violence, is inconsistent with Johnson v. United States, 130 S. Ct. 1265 (2010). This contention lacks merit. See United States v. Orozco-Acosta, 607 F.3d 1156, 1166 (9th Cir. 2010) (citing United States v. Medina-Villa, 567 F.3d 507 (9th Cir. 2009)). Accordingly, we decline Molina-Martinez s invitation that we seek en banc review of this issue. AFFIRMED. 2 11-10092
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