United States v. David Flores

Good Law
535 F. App'x 623
United States Court of Appeals for the Ninth CircuitAugust 1, 201312-50139California118 words

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.