Opinion
No. 07-10608.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 22, 2009.
Claire Kiehl Lefkowitz, Esq. Fax, USTU-Office of the U.S. Attorney Evo A. Deconcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.
Andrea L. Matheson, Tucson, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Cindy K. Jorgenson, District Judge, Presiding. D.C. No. CR-07-00424-CKJ.
Before: GRABER, GOULD, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Juan Guevara-Sabino appeals from the 41-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Guevara-Sabino contends that the government's refusal to move for a third point reduction for acceptance of responsibility, pursuant to U.S.S.G. § 3E1.1(b), was arbitrary and amounted to vindictive prosecution. This contention lacks merit. See United States v. Medina-Beltran, 542 F.3d 729, 731 (9th Cir. 2008); see also United States v. Espinoza-Cano, 456 F.3d 1126, 1138 (9th Cir. 2006) (recognizing "that there is nothing improper about the government providing an incentive to plea bargain").
AFFIRMED.