United States v. David Flores

535 F. App'x 623
Court of Appeals for the Ninth Circuit·Decided August 1, 2013·No. 12-50139·Unpublished

Opinion

MEMORANDUM **

David Jose Chavarria Flores appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Chavarria Flores contends that the district court erred in assigning two criminal history points under U.S.S.G. § 4Al.l(d) for committing the instant offense while under a criminal justice sentence. Cha-varria Flores’s contention is foreclosed by United States v. Reyes-Ceja, 712 F.3d 1284, 1287-90 (9th Cir.2013).

AFFIRMED.

**

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

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United States v. David Flores, 535 F. App'x 623 (9th Cir. 2013).

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Related

United States v. Gustavo Reyes-Ceja
712 F.3d 1284 (Ninth Circuit, 2013)