USA V. JOSE LUGO, No. 14-10008 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 15 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-10008 D.C. No. 4:13-cr-01105-CKJLAB-1 v. JOSE LUGO, AKA Jose Ignacio-Zamaron Lugo, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted September 11, 2014** San Francisco, California Before: BEA, IKUTA, and HURWITZ, Circuit Judges. Defendant Jose Lugo appeals the district court s imposition of a 16-level sentencing enhancement. 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). Lugo s prior conviction for violating Cal. Penal Code § 261.5(d), which prohibits unlawful sexual intercourse with a minor under 16, is categorically a crime of violence within the meaning of U.S.S.G. § 2L1.2(b)(1)(A)(ii). See United States v. Gomez-Mendez, 486 F.3d 599, 603 (9th Cir. 2007) (concluding that the generic crime of statutory rape encompasses the full range of conduct proscribed by Cal. Penal Code § 261.5(d) ). Our decisions defining the term sexual abuse of a minor do not alter the elements of generic statutory rape. See United States v. Zamorano-Ponce, 699 F.3d 1117, 1120 (9th Cir. 2012). AFFIRMED. 2

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