United States v. Manuel Pineda-Fernandez

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NOT FOR PUBLICATION APR 20 2012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. 10-50591

Plaintiff - Appellee, D.C. No. 3:10-cr-02276-LAB

v.

MEMORANDUM *

MANUEL PINEDA-FERNANDEZ,

a.k.a. Jorge Pineda-Fernandez,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted April 17, 2012 **

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

Manuel Pineda-Fernandez appeals from the 70-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.

Pineda-Fernandez contends that the district court erred in applying a

16-level…