United States v. Nicandro Castaneda-Guardiola

FILED

NOT FOR PUBLICATION MAR 17 2015

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50244

Plaintiff - Appellee, D.C. No. 3:14-cr-00928-LAB

v.

MEMORANDUM*

NICANDRO CASTANEDA-

GUARDIOLA,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted March 10, 2015**

Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.

Nicandro Castaneda-Guardiola appeals from the district court’s judgment

and challenges the 37-month sentence imposed following his bench-trial

conviction for attempted reentry of a removed alien, in violation of 8 U.S.C.

* 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). § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Castaneda-Guardiola contends that his sentence should not have…