United States v. Juan Garcia-Rivas

FILED

NOT FOR PUBLICATION FEB 08 2013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. 11-10556

Plaintiff - Appellee, D.C. No. 4:11-cr-00043-CKJ-

HCE-

v.

JUAN CARLOS GARCIA-RIVAS, MEMORANDUM *

Defendant - Appellant.

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

Argued and Submitted January 15, 2013 San Francisco, California

Before: WALLACE, FARRIS, and BYBEE, Circuit Judges.

Juan Carlos Garcia-Rivas appeals his conviction under 8 U.S.C. § 1326(a),

enhanced by 8 U.S.C. § 1326(b)(1), for illegally reentering the United States after

having previously been deported. We have jurisdiction pursuant to 28 U.S.C. §

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1291. We affirm in part, vacate in part, and remand for further proceedings

consistent with this disposition.

The district court did not err in concluding that it was legally…