United States v. Felicito Clemente-Cano

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT SEP 14 2012

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 11-10240

Plaintiff - Appellee, D.C. No. 4:10-cr-03590-CKJ-

CRP-

v.

FELICITO CLEMENTE-CANO, MEMORANDUM *

Defendant - Appellant.

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

Submitted September 10, 2012 **

Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Felicito Clemente-Cano appeals his conviction by guilty plea and 30-month

sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326, with a

sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).

* 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). Pursuant to Anders v. California, 386 U.S. 738 (1967), Clemente-Cano’s

attorney has filed a brief…