Hermoso-Garcia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30196 Plaintiff-Appellee, v.  D.C. No.

CR-03-02127-FVS

OCTAVIO HERMOSO-GARCIA,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, Chief Judge, Presiding

Submitted February 8, 2005* Seattle, Washington

Filed July 7, 2005

Before: Diarmuid F. O’Scannlain, M. Margaret McKeown, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Bea

*The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). COUNSEL

Nicholas Marchi, Kennewick, Washington, for the defendant- appellant.

James A. McDevitt and Robert A. Ellis, U.S. Department of Justice, Yakima, Washington, for the plaintiff-appellee.

OPINION

BEA, Circuit Judge:

Octavio Hermoso-Garcia (“Hermoso-Garcia”), a native and citizen of Mexico, was convicted of being an alien who reen- tered the United States after deportation without first obtain- ing permission for reentry in violation of 8 U.S.C. § 1326 and sentenced…