United States v. Jose Leon

FILED

NOT FOR PUBLICATION MAR 15 2013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. 11-50090

Plaintiff - Appellee, D.C. No. 2:08-cr-00688-AHM-

v.

MEMORANDUM *

JOSE LEON, AKA Nene,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California A. Howard Matz, District Judge, Presiding

Argued and Submitted October 11, 2012 Pasadena, California

Before: EBEL **, WARDLAW, and NGUYEN, Circuit Judges.

Jose Leon appeals the sentence imposed by the district court following his

guilty plea to one count of RICO conspiracy, in violation of 18 U.S.C. § 1962(d),

and one count of conspiracy to distribute cocaine base, in violation of 21 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable David M. Ebel, Senior Circuit Judge for the Tenth Circuit, sitting by designation. § 846. Because the district court procedurally erred by incorrectly calculating the

guideline range, see Gall…