United States v. Ricky Reese

FILED

NOT FOR PUBLICATION AUG 26 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-30100

Plaintiff - Appellee, D.C. No. 3:10-cr-00010-HRH-1

v.

MEMORANDUM*

RICKY ALAN REESE, AKA Ricky A. Reese,

Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska H. Russel Holland, Senior District Judge, Presiding

Argued and Submitted August 15, 2013 Anchorage, Alaska

Before: KOZINSKI, Chief Judge, BERZON and IKUTA, Circuit Judges.

Reese admits he didn’t see the allegedly defective notice before trial, and

doesn’t allege he would have accepted a plea agreement but for the erroneous

sentencing information. He therefore hasn’t demonstrated that the alleged error

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. page 2 “affected substantial rights.” United States v. Gonzalez-Aparicio, 663 F.3d 419,

428 (9th Cir. 2011).

AFFIRMED