United States v. Antonio Flores-Curiel
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Barry T. Moskowitz (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- criminal
Analysis
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Opinion
FILED NOT FOR PUBLICATION JAN 15 2014
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50048 Plaintiff - Appellee, D.C. No. 3:92-mj-04048-BTM-1 v. MEMORANDUM* ANTONIO FLORES-CURIEL, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding Submitted January 9, 2014** Pasadena, California Before: W. FLETCHER, M. SMITH, and WATFORD, Circuit Judges.
Antonio Flores-Curiel does not qualify for expungement of his 1992 conviction under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607. He concedes that he was not sentenced under § 3607(a) and that he was over 21 at the * 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). Page 2 of 2 time of the offense. Thus, he does not meet the FFOA’s conditions for expungement. See United States v. Crowell, 374 F.3d 790, 792 (9th Cir. 2004).
AFFIRMED.