United States v. Noe Enriquez

FILED

NOT FOR PUBLICATION MAR 02 2010

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. 08-50137

Plaintiff - Appellee, D.C. No. 3:07-cr-02436-BTM

v.

MEMORANDUM *

NOE ANTONIO ENRIQUEZ,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding

Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Noe Antonio Enriquez appeals from the 57-month sentence imposed

following his guilty-plea conviction for attempted entry after deportation, in

violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 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).

AK/Research § 1291. We affirm, but remand to correct the judgment.

Enriquez contends that the district court erred at…