United States v. Aldin Martinez-Agustin

FILED

NOT FOR PUBLICATION JUL 03 2012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. 11-50489

Plaintiff - Appellee, D.C. No. 3:11-cr-03812-BEN

v.

MEMORANDUM *

ALDIN ABIDAN MARTINEZ-

AGUSTIN,

Defendant - Appellant.

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

** Submitted June 26, 2012

Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.

Aldin Abidan Martinez-Agustin appeals from the 18-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.

Martinez-Agustin contends that the district court abused its discretion when

it imposed an…