United States v. Gerly Alvarez

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NOT FOR PUBLICATION AUG 01 2013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. 12-10574

Plaintiff - Appellee, D.C. No. 2:12-cr-00074-LRH

v.

MEMORANDUM *

GERLY ALVAREZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Submitted July 24, 2013 **

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

Gerly Alvarez 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 unlawfully 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). Alvarez contends that the district court imposed a…