United States v. Isidro Garay-Perez

FILED

NOT FOR PUBLICATION MAY 21 2012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. 11-10493

Plaintiff - Appellee, D.C. No. 4:10-cr-00896-CKJ

v.

MEMORANDUM *

ISIDRO GARAY-PEREZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Timothy M. Burgess, District Judge, Presiding **

Submitted May 15, 2012 ***

Before: CANBY, GRABER, and M. SMITH, Circuit Judges.

Isidro Garay-Perez appeals from his guilty-plea conviction and 36-month

sentence for re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** Timothy M. Burgess, United States District Judge for the District of Alaska, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Anders v. California, 386 U.S. 738 (1967), Garay-Perez’s counsel has filed a brief

stating there…