United States v. Jose Sanchez-Rivera

FILED NOT FOR PUBLICATION JUL 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-50136 Plaintiff - Appellee, D.C. No. 5:08-cr-00185-VAP v. MEMORANDUM * JOSE LEONARDO SANCHEZ-RIVERA, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Virginia A. Phillips, District Judge, Presiding Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Jose Leonardo Sanchez-Rivera appeals from the 30-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United * 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). States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Sanchez-Rivera contends that the district court erred in calculating his criminal history when it imposed an additional criminal history point pursuant to U.S.S.G. § 4A1.1(e). We do not reach this issue. Because the additional criminal history point would not change the criminal history category, any error was harmless. See United States v. Cruz-Gramajo, 570 F.3d 1162, 1174 (9th Cir. 2009). AFFIRMED. 2 09-50136