United States v. Miguel Negron

FILED

NOT FOR PUBLICATION MAR 31 2010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. 09-50380

Plaintiff - Appellee, D.C. No. 3:08-cr-01007-JLS

v.

MEMORANDUM *

MIGUEL ANGEL NEGRON,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding

Submitted March 16, 2010 **

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Miguel Angel Negron appeals from the 70-month sentence imposed

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

* 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).

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

§ 1291, and we affirm.

Negron contends that the district court procedurally erred by failing to

consider and…