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United States v. Jose Gomez

Court of Appeals for the Ninth Circuit · 11-50068 · 2011-10-28 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Jose M. GOMEZ, Defendant-Appellant

Area
other
Panel
Stephen S. Trott (author), Gould, Johnnie B. Rawlinson

Analysis

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Opinion

FILED NOT FOR PUBLICATION OCT 28 2011

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. 11-50068 Plaintiff - Appellee, D.C. No. 3:10-cr-01461-JAH v. MEMORANDUM * JOSE M. GOMEZ, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Jose M. Gomez appeals from the 46-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. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* 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). Gomez contends that the district court failed to respond adequately to his argument that his criminal history category classification overrepresented the seriousness of his criminal history. The district court did not err, must less plainly err, in rejecting that argument. See United States v. Blinkinsop, 606 F.3d 1110, 1114-17 (9th Cir. 2010).

AFFIRMED.

2 11-50068