United States v. Rosario Rodriguez-Portillo

FILED

NOT FOR PUBLICATION OCT 16 2012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. 12-50071

Plaintiff - Appellee, D.C. No. 3:11-cr-04475-BEN

v.

MEMORANDUM *

ROSARIO RODRIGUEZ-PORTILLO,

Defendant - Appellant.

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

Submitted October 9, 2012 **

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Rosario Rodriguez-Portillo appeals from the 24-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.

* 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). § 1291, and we affirm.

Rodriguez-Portillo contends that the district court procedurally erred by

(1) failing…