United States v. Trinidad Mora-Garcia

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Trinidad MORA-GARCIA, Defendant-Appellant. No. 93-50447. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 3, 1994. Decided Feb. 17, 1994. Before: D.W. NELSON, REINHARDT, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Trinidad Mora-Garcia appeals his sentence of 24 months imprisonment imposed by the district court under the United States Sentencing Guidelines following his conviction by guilty plea for violating 8 U.S.C. Sec. 1326 (a), being a deported alien found in the United States. We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 , and we affirm. I. BACKGROUND 3 On January 6, 1993, Mora-Garcia was charged in federal court with violating 8 U.S.C. Sec. 1326 (b)(2), being a deported alien found in the United States after conviction of an aggravated felony, which carries a maximum sentence of fifteen years. As part of a plea bargain,…