United States v. Francisco Meza-Gutierrez

468 F. App'x 802

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 23, 2012
• Docket: 10-10193
• Status: Unpublished

Opinion

MEMORANDUM **

Francisco Meza-Gutierrez appeals from the 32-month sentence imposed following his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Meza-Gutierrez contends that he was entitled to an additional one-level adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3El.l(b). Contrary to his assertion, the government’s refusal to move for the additional one-level reduction was justified because Meza-Gutierrez refused to waive his appellate rights. See United States v. Johnson, 581 F.3d 994, 1006-07 (9th Cir.2009); United States v. Medina-Beltran, 542 F.3d 729, 731 (9th Cir.2008) (per curiam).

AFFIRMED.

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