United States v. Victor Cervantes-Martinez

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Victor CERVANTES-MARTINEZ, Defendant-Appellant. No. 93-50540. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1994. * Decided Oct. 27, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Victor Cervantes-Martinez conditionally pled guilty to illegal re-entry into the United States after having previously been convicted of aggravated and unaggravated felonies in violation of 8 U.S.C. Secs. 1326 (a) and (b). He appeals (1) the district court's denial of his motion to suppress, (2) the district court's decision to apply the 1991 Sentencing Guidelines, (3) his sentence in excess of two years, and (4) the district court's imposition of a sentence in the middle of the Guidelines range. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . I. Motion to Suppress 3 A trial court's denial of a motion to suppress is reviewed de novo.…