From Casetext: Smarter Legal Research

U.S. v. Marcos-Mora

United States Court of Appeals, Ninth Circuit
Aug 15, 2008
291 F. App'x 39 (9th Cir. 2008)

Opinion

No. 07-30171.

Submitted July 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 15, 2008.

Thomas J. Hanlon, Esq., Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.

Kristine K. Olmstead, Esq., Federal Defenders of Eastern Washington Idaho, Yakima, WA, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington, Robert H. Whaley, District Judge, Presiding. D.C. No. CR-06-02141-RHW.

Before: B. FLETCHER, THOMAS, and WARDLAW, Circuit Judges.



ORDER

The memorandum disposition filed on July 30, 2008, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.

MEMORANDUM

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

Antonio Marcos-Mora appeals from the 77-month sentence imposed following his guilty-plea conviction for being an alien in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Marcos-Mora contends that the district court violated Federal Rule of Criminal Procedure 32(h) by failing to give adequate notice of its intent to depart upward from the Sentencing Guidelines range. The district court announced its intention to consider the sentence increase at the beginning of the sentencing hearing and Marcos-Mora had a full opportunity to respond. We see no plain error.

AFFIRMED.


Summaries of

U.S. v. Marcos-Mora

United States Court of Appeals, Ninth Circuit
Aug 15, 2008
291 F. App'x 39 (9th Cir. 2008)
Case details for

U.S. v. Marcos-Mora

Case Details

Full title:UNITED STATES of America, plaintiff-Appellee, v. Antonio MARCOS-MORA, aka…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 15, 2008

Citations

291 F. App'x 39 (9th Cir. 2008)

Citing Cases

Marcos–Mora v. United States

Antonio MARCOS–MORA, petitioner, v. UNITED STATES.Case below, 291 Fed.Appx. 39. Petition for writ of…

Carver v. Lehman

Ninth Circuit General Orders 3.2g.Granados-Oseguera v. Mukasey, 546 F.3d 1011 (9th Cir. 2008); Al-Mousa v.…