
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Francisco PENA-AGUILAR, aka Jose Francisco Pena Aguilar, Defendant-Appellant.
    No. 08-10230.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 18, 2009.
    
    Filed March 25, 2009.
    George Ferko, Assistant U.S. Attorney, USTU-Office of the U.S. Attorney, Tucson, AZ, Aaron David Wegner, Assistant U.S. Attorney, Office of the U.S. Attorney, San Francisco, CA, for Plaintiff-Appellee.
    Richard Wayne Raynor, Assistant Federal Public Defender, Federal Public Defenders, Tucson, AZ, for Defendant-Appellant.
    Before: LEAVY, HAWKINS and TASHIMA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jose Francisco Pena-Aguilar appeals from the 41-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Pena-Aguilar contends that the district court erred by applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because his statements at a prior state change of plea hearing were insufficient to establish that his prior state conviction for aggravated assault was a crime of violence. Because the factual basis set forth at the prior state change of plea hearing establishes that Pena-Aguilar fought with and struck a police officer, we conclude that the offense was a crime of violence. See U.S.S.G § 2L1.2, cmt. n. 1(B)(iii); see also United States v. Smith, 390 F.3d 661, 664-66 (9th Cir.2004), amended by 405 F.3d 726 (9th Cir.2005).

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