United States v. Javier Mendoza

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 23 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50079

Plaintiff-Appellee, D.C. No. 3:21-cr-01498-BEN-1

v.

JAVIER GARIBAY MENDOZA, AKA MEMORANDUM*

Javier Garibay Mendoza-Romero, AKA Jose Mendoza-Romero,

Defendant-Appellant.

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

Submitted May 16, 2023**

Before: BENNETT, MILLER, and VANDYKE, Circuit Judges.

Javier Garibay Mendoza appeals from the district court’s judgment and

challenges the 48-month sentence imposed following his guilty-plea conviction for

being a removed 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 Ninth Circuit Rule 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…