United States v. Javier Morales-Galvez

MEMORANDUM

Javier Morales-Galvez appeals from the 84-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Morales-Galvez contends that the district court erred because it did not rule on the sufficiency of the government’s rationale for refusing to make a motion for a third point for acceptance of responsibility under U.S.S.G. § 3El.l(b). The district court did not err because the record reflects that the government’s reason was not improper. See United States v. Johnson, 581 F.3d 994, 1002 (9th Cir.2009) (“[T]he allocation and expenditure of pros-ecutorial resources for the purposes of defending an appeal is a rational basis for declining to move for the third reduction point.”).

We decline Morales-Galvez’s request that we call for en banc review to reconsider Johnson .

AFFIRMED.

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