United States v. Silvio Contreras-Martinez

FILED

NOT FOR PUBLICATION JUN 10 2014

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-50270

Plaintiff - Appellee, D.C. No. 3:12-cr-04867-CAB-

v.

MEMORANDUM*

SILVIO ANTONIO CONTRERAS-

MARTINEZ,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Submitted June 6, 2014** Pasadena, California

Before: TROTT and CALLAHAN, Circuit Judges, and CHEN, District Judge.***

* 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). *** The Honorable Edward M. Chen, District Judge for the U.S. District Court for the Northern District of California, sitting by designation. Over Contreras-Martinez’s objection, the district court enhanced by sixteen

levels his sentence for attempted reentry after removal. The district court applied

the…