United States v. Marcial Guardado-Sivirian

FILED

NOT FOR PUBLICATION JAN 02 2013

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. 11-10661

Plaintiff - Appellee, D.C. No. 4:11-cr-02074-DCB

v.

MEMORANDUM *

MARCIAL GUARDADO-SIVIRIAN,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Mark W. Bennett, District Judge, Presiding **

Submitted December 19, 2012 ***

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Marcial Guardado-Sivirian appeals from the district court’s judgment and

challenges his guilty-plea conviction and 41-month sentence for reentry after

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,…