United States v. Jose Iraheta

FILED

NOT FOR PUBLICATION OCT 13 2011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. 10-10527

Plaintiff - Appellee, D.C. No. 4:10-cr-00289-SBA

v.

MEMORANDUM *

JOSE IRAHETA,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Saundra B. Armstrong, District Judge, Presiding

Submitted September 27, 2011 **

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

Jose Iraheta appeals from the 57-month sentence imposed following his

guilty-plea conviction for illegal reentry 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). Iraheta contends that the district court procedurally erred by failing to

consider his challenge to the…