USA V. EDGAR BARAJAS-ESPINOZA, No. 13-10667 (9th Cir. 2015)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 16 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-10667 D.C. No. 4:13-cr-01232-RCC-JR-1 v. MEMORANDUM* EDGAR NEMECIO BARAJASESPINOZA, AKA Edgar Barajas, AKA Edgar Nemecio Barajas-Espinoza, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, Chief District Judge, Presiding Submitted March 12, 2015** San Francisco, California Before: WALLACE, M. SMITH, and WATFORD, Circuit Judges. The district court correctly held that Edgar Nemecio Barajas-Espinoza’s prior conviction for rape of a child in the second degree, Wash. Rev. Code * 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). Page 2 of 2 § 9A.44.076(1), qualifies as a “crime of violence” under United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii). In United States v. Valencia-Barragan, 608 F.3d 1103 (9th Cir. 2010), we held that “a conviction under section 9A.44.076(1) categorically constitutes sexual abuse of a minor under the first generic definition” of that offense and therefore qualifies as a “crime of violence.” Id. at 1107. Barajas-Espinoza points to no subsequent precedent that undermines ValenciaBarragan, which controls here. As a result, the district court did not err by applying the 16-level enhancement. U.S.S.G. § 2L1.2(b)(1)(A). AFFIRMED.

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