Pelayo

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 4 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-7123 D.C. No. Plaintiff-Appellee, 3:20-cr-01686-GPC-1 v.

MEMORANDUM*

ERICK PELAYO,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding

Submitted December 2, 2025** Pasadena, California

Before: GOULD, BADE, and LEE, Circuit Judges.

Erick Pelayo appeals the district court’s imposition of an 18-month sentence

for violating the terms of his supervised release. We have jurisdiction under 8 U.S.C.

§ 1291 and we affirm the sentence.

* 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). After Pelayo pleaded guilty to one count of alien smuggling in violation of

U.S.C. § 1324(a)(1)(A)(ii), he was sentenced to time served and 3 years…