United States v. Antonio Flores-Curiel

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 15, 2014
• Docket: 13-50048
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION JAN 15 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-50048

Plaintiff - Appellee, D.C. No. 3:92-mj-04048-BTM-1

v. MEMORANDUM* ANTONIO FLORES-CURIEL,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding

Submitted January 9, 2014** 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

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Page 2 of 2 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.