United States v. Emilio Valdivia-Perez

FILED

NOT FOR PUBLICATION MAR 08 2012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, Nos. 11-10343 11-10349 Plaintiff - Appellee, D.C. Nos. 3:10-cr-00077-RCJ v. 3:10-cr-00093-RCJ

EMILIO VALDIVIA-PEREZ, MEMORANDUM *

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, Chief Judge, Presiding

Submitted February 28, 2012 **

Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges.

Emilio Valdivia-Perez appeals from the 98-month sentence imposed

following his guilty-plea conviction for conspiracy to possess with intent to

distribute and to distribute a controlled substance, in violation of 21 U.S.C.

* 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). §§ 841(a)(1), (b)(1)(B), and 846; and for…