United States v. Daniel Plancarte

FILED

NOT FOR PUBLICATION MAR 22 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50011

Plaintiff - Appellee, D.C. No. 3:10-cr-04069-JAH

v.

MEMORANDUM*

DANIEL DUARTE PLANCARTE, a.k.a. Daniel Duarte-Plancarte,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding

Submitted March 12, 2013**

Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.

Daniel Duarte Plancarte appeals from the district court’s judgment and

challenges the 60-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.

* 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). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Plancarte contends…