Barahona-Castro

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 6 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-264 D.C. No. Plaintiff - Appellee, 2:23-cr-01379-JJT-1 v.

MEMORANDUM*

PABLO BARAHONA-CASTRO,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona John Joseph Tuchi, District Judge, Presiding

Submitted February 4, 2025** Phoenix, Arizona

Before: HAWKINS, BYBEE, and BADE, Circuit Judges.

Pablo Barahona-Castro appeals his sentence of 39 months’ imprisonment

followed by three years of supervised release for a conviction under 8 U.S.C.

§ 1326(a) and enhanced under 8 U.S.C. § 1326(b)(1). We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 28 U.S.C. § 1291 and we affirm.

Barahona-Castro concedes that he waived his right to appeal in his plea

agreement. But he argues…