United States v. Ruben Carrazco-Galvan

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT APR 20 2012

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 11-50110

Plaintiff - Appellee, D.C. No. 3:09-cr-03370-BTM

v.

MEMORANDUM *

RUBEN CARRAZCO-GALVAN,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding

Submitted April 17, 2012 **

Before: LEAVY, PAEZ, and BEA, Circuit Judges.

Ruben Carrazco-Galvan appeals from the 51-month sentence imposed

following his guilty-plea conviction for attempted entry after deportation, in

violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and

* 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). we affirm.

Carrazco-Galvan first contends that the district court erred in applying a

16-level enhancement under U.S.S.G. §…