Opinion
No. 12-50139 D.C. No. 2:11-cr-01134-PA
08-01-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID JOSE CHAVARRIA FLORES, a.k.a. David Jose Chavarria, a.k.a. Jose Chavarria Flores, a.k.a. Jose Chavarria, a.k.a. David Jose Flores, a.k.a. Jefe, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
David Jose Chavarria Flores appeals from the district court's judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Chavarria Flores contends that the district court erred in assigning two criminal history points under U.S.S.G. § 4A1.1(d) for committing the instant offense while under a criminal justice sentence. Chavarria Flores's contention is foreclosed by United States v. Reyes-Ceja, 712 F.3d 1284, 1287-90 (9th Cir. 2013).
AFFIRMED.