
    UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos GARCIA-MORALES, Defendant-Appellant.
    No. 10-50437.
    United States Court of Appeals, Ninth Circuit.
    Submitted April 20, 2011.
    
    Filed April 28, 2011.
    Robert Steven Huie, Bruce R. Castetter, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    Amy Frances Kimpel, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
    Before: RYMER, THOMAS and PAEZ, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Juan Garda-Morales appeals the sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326. Garcia-Morales contends that the district court erred in determining that his prior conviction for making criminal threats in violation of Calif. Penal Code § 422 was a crime of violence warranting a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). As Garcia-Morales concedes, this contention is foreclosed by United States v. Villavicencio-Burruel, 608 F.3d 556 (9th Cir.2010), which held that a § 422 violation is categorically a crime of violence.

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     