United States v. Cornelio Espinoza

FILED

NOT FOR PUBLICATION OCT 22 2013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. 12-10228

Plaintiff - Appellee, D.C. No. 3:09-cr-00103-CRB

v.

MEMORANDUM *

CORNELIO MATA ESPINOZA,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Submitted October 15, 2013 **

Before: FISHER, GOULD, and BYBEE, Circuit Judges.

Cornelio Mata Espinoza appeals from the district court’s judgment and

challenges his guilty-plea conviction and 250-month sentence for conspiracy to

possess with intent to distribute and to distribute heroin and methamphetamine, in

violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(i), and (b)(1)(A)(viii). Pursuant to

* 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). Anders v. California, 386 U.S. 738…