FILED
NOT FOR PUBLICATION AUG 01 2013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. 12-50139
Plaintiff - Appellee, D.C. No. 2:11-cr-01134-PA
v.
MEMORANDUM *
DAVID JOSE CHAVARRIA FLORES,
a.k.a. David Jose Chavarria, a.k.a. Jose
Chavarria Flores, a.k.a. Jose Chavarria,
a.k.a. David Jose Flores, a.k.a. Jefe,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
David Jose Chavarria Flores appeals from the district court’s judgment and
challenges the 30-month sentence imposed following his guilty-plea conviction for
*
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).
being an illegal alien found in the United States following deportation, in violation
of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Chavarria Flores contends that the district court erred in assigning two
criminal history points under U.S.S.G. § 4A1.1(d) for committing the instant
offense while under a criminal justice sentence. Chavarria Flores’s contention is
foreclosed by United States v. Reyes-Ceja, 712 F.3d 1284, 1287-90 (9th Cir. 2013).
AFFIRMED.
2 12-50139