
    UNITED STATES of America, Plaintiff—Appellee, v. Gaspar SOTO-RODRIGUEZ, Defendant—Appellant.
    No. 04-10548.
    D.C. No. CR-04-00185-SYI.
    United States Court of Appeals, Ninth Circuit.
    Submitted April 5, 2006.
    
    Decided April 12, 2006.
    Jeffrey Finigan, Office of the U.S. Attorney, San Francisco, CA, for Plaintiff—Appellee.
    Geoffrey A. Hansen, Appointed Federal Public Defender, Federal Public Defender’s Office, San Francisco, CA, for Defendant—Appellant.
    Before HAWKINS, McKEOWN, and PAEZ, Circuit Judges.
    
      
      This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Gaspar Soto-Rodriguez appeals from the 33-month sentence imposed after he pled guilty to unlawful re-entry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Soto-Rodriguez contends that the district court erred in finding that his conviction under California Vehicle Code § 10851 qualified as an aggravated felony enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(C), because the California statute allows convictions based on aiding and abetting liability. Soto-Rodriguez’s contention is foreclosed by our decision in United States v. Vidal, 426 F.3d 1011, 1015-17 (9th Cir.2005).

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
     