United States v. Manuel Borbon

FILED

NOT FOR PUBLICATION FEB 08 2012

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. 10-50272

Plaintiff - Appellee, D.C. No. 3:09-cr-04335-W-

v.

MEMORANDUM *

MANUEL FEDERICO MARTINIE

BORBON,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, Senior District Judge, Presiding

Argued and Submitted May 3, 2011 Pasadena, California

Before: GOODWIN and WARDLAW, Circuit Judges, and COGAN, District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Brian M. Cogan, U.S. District Judge for the Eastern New York, sitting by designation. Manuel Federico Martinie Borbon appeals his conviction and sentence for

attempted entry after deportation in violation of 8 U.S.C. § 1326 and misuse of entry

documents in violation of § 1546(a). First, Borbon contends that the district court

erred in failing to dismiss the illegal entry charge because it was…