United States v. Lazaro Bahena-Aranda

FILED

NOT FOR PUBLICATION APR 20 2012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. 11-10181

Plaintiff - Appellee, D.C. No. 4:10-cr-02936-CKJ-JJM

v.

MEMORANDUM *

LAZARO BAHENA-ARANDA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Submitted April 17, 2012 **

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

Lazaro Bahena-Aranda appeals from the 50-month sentence imposed

following his guilty-plea conviction for reentry after deportation, in violation of

U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Bahena-Aranda contends that the district court erred in applying a 16-level

* 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). enhancement under U.S.S.G. § 2L1.2(b)(1)(A), because…