Opinion
No. 11-10622 D.C. No. 4:11-cr-02002-JGZ-BPV-1
09-14-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERWIN ALVARADO, 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NOT FOR PUBLICATION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 District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Erwin Alvarado appeals from the 24-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Alvarado contends that the district court erred by not sua sponte granting him a third-level reduction for acceptance of responsibility. He argues that the reason cited by the government for refusing to make the motion for the reduction, that he reserved his right to appeal, is an impermissible reason under U.S.S.G. § 3E1.1(b). As Alvarado concedes, this argument is foreclosed by United States v. Johnson, 581 F.3d 994, 1002 (9th Cir. 2009), where we held that the expenditure of resources in anticipating and preparing for an appeal is an appropriate consideration under U.S.S.G. § 3E1.1(b).
AFFIRMED.