United States v. Jose Zaines-Vargas

FILED

NOT FOR PUBLICATION AUG 01 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50037

Plaintiff - Appellee, D.C. No. 3:10-cr-03890-BEN

v.

MEMORANDUM *

JOSE ZAINES-VARGAS,

Defendant - Appellant.

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

Submitted July 24, 2013 **

Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.

Jose Zaines-Vargas appeals from the district court’s judgment and

challenges the 51-month sentence imposed following his guilty-plea conviction for

being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.

We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* 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). Zaines-Vargas contends that the district court abused its…