Opinion
No. 08-50437.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed August 31, 2009.
Timothy Racicot, Esquire, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.
John Rhodes, Esquire, Assistant Federal Public Defender, FDMT — Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding. D.C. No. 9:08-CR-00033-DWM-1.
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Pineda-Gallegos appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a). Pineda-Gallegos contends that the district court erred by failing to consider that the lack of a "fast-track" program in the District of Montana creates an unwarranted sentencing disparity contrary to the requirements of 18 U.S.C. § 3553(a)(6). Pineda-Gallegos acknowledges that his contention is foreclosed by United States v. Gonzalez-Zotelo, 556 F.3d 736, 740-41 (9th Cir. 2009), and that he raises it to preserve it for potential future review.