United States v. Elbis Martinez-Escalon

FILED

NOT FOR PUBLICATION JAN 16 2013

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. 12-10096

Plaintiff - Appellee, D.C. No. 4:11-cr-03586-CKJ

v.

MEMORANDUM *

ELBIS SAUL MARTINEZ-ESCALON,

a.k.a. Elbis Saul Martinez,

Defendant - Appellant.

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

Submitted January 15, 2013 ***

Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.

Elbis Saul Martinez-Escalon appeals from the district court’s judgment and

challenges his guilty-plea conviction and 51-month sentence for reentry after

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable 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). deportation, in violation of 8 U.S.C. § 1326.…