United States v. Faustino Pacheco-Arias

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Faustino PACHECO-ARIAS, Defendant-Appellant. No. 91-50607. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1992. Decided May 1, 1992. Before CANBY, REINHARDT and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Appellant Faustino Pacheco-Arias appeals his sentence following his plea of guilty to one count of violating 8 U.S.C. section 1324 , transporting illegal aliens. We have jurisdiction pursuant to 18 U.S.C. section 3231 (a)(1)(B), and we affirm. FACTS 3 Appellant was the central figure in a ring that transported illegal aliens for hire and which operated from January 1991 until his arrest in April 1991. 4 Appellant pled guilty to transporting illegal aliens. The U.S. Probation Department recommended a sentence of eleven months' custody, and the government sought a fourteen month sentence. The court sentenced appellant to eleven months.…