United States v. Jose Pineda

FILED

NOT FOR PUBLICATION MAR 15 2011

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. 10-10218

Plaintiff - Appellee, D.C. No. 5:09-cr-01045-JF

v.

MEMORANDUM *

JOSE ALAN PINEDA, a.k.a. Juan Antonio Burgos-Skerrett,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Jeremy D. Fogel, District Judge, Presiding

Submitted March 8, 2011 **

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

Jose Alan Pineda appeals from his guilty-plea conviction and 108-month

sentence for conspiracy to distribute five kilograms or more of cocaine

hydrochloride, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). 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 (1967), Pineda’s counsel has filed a brief

stating there are no…