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NOT FOR PUBLICATION JUL 21 2010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