United States v. Pedro Mora

FILED

NOT FOR PUBLICATION OCT 5 2011

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. 09-50514

Plaintiff - Appellee, D.C. No. 2:09-cr-00178-PA

v.

MEMORANDUM *

PEDRO MORA,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Submitted September 27, 2011 **

Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.

Pedro Mora appeals from the 92-month sentence imposed following

his jury-trial conviction for being an illegal alien found in the United States

following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under

28 U.S.C. § 1291, and we affirm.

* 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). Mora contends that the district court plainly erred because it failed to

consider a…