United States v. Clive Wilson

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-10404

Plaintiff-Appellee, D.C. No. 2:19-cr-00091-MTL-1 v.

CLIVE MILTON WILSON, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Argued and Submitted December 9, 2021 San Francisco, California

Before: WARDLAW, BRESS, and BUMATAY, Circuit Judges. Dissent by Judge BUMATAY

Clive Wilson pleaded guilty to illegally reentering the United States as a

previously removed alien, in violation of 8 U.S.C. § 1326(a), (b)(1). At sentencing,

Wilson and the government submitted a sentence bargain plea agreement, stipulating

to a maximum sentence of twelve months. The district court rejected that agreement,

and sentenced Wilson to fifteen months in prison and three years of supervised

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…