United States v. Joaquin Davalos-Lopez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 8 2021

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 20-50022 Plaintiff-Appellee, D.C. No. 3:17-cr-02268-LAB-1 v.

MEMORANDUM*

JOAQUIN ANTONIO DAVALOS-LOPEZ,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Argued and Submitted March 4, 2021 Pasadena, California

Before: SILER,** HURWITZ, and COLLINS, Circuit Judges.

In 2018, Joaquin Antonio Davalos-Lopez (“Davalos”) was convicted by a

jury of one count of illegal reentry by a previously removed alien in violation of

8 U.S.C. § 1326 (Count 1) and one count of illegal entry by an alien in violation of

8 U.S.C. § 1325 (Count 2). He was sentenced to 37 months imprisonment and

three years of supervised release on each count, to be served concurrently. On

appeal, we “affirm[ed] Davalos’s conviction and sentence for Count 1, but [we]

* This disposition is not appropriate for publication and is not precedent except as…