Opinion
No. 13-50048 D.C. No. 3:92-mj-04048-BTM-1
01-15-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTONIO FLORES-CURIEL, 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NOT FOR PUBLICATION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 Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted January 9, 2014
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Pasadena, California
Before: W. FLETCHER, M. SMITH, and WATFORD, Circuit Judges.
Antonio Flores-Curiel does not qualify for expungement of his 1992 conviction under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607. He concedes that he was not sentenced under § 3607(a) and that he was over 21 at the time of the offense. Thus, he does not meet the FFOA's conditions for expungement. See United States v. Crowell, 374 F.3d 790, 792 (9th Cir. 2004).
AFFIRMED.