FILED
NOT FOR PUBLICATION MAR 04 2010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. 07-50568
Plaintiff - Appellee, D.C. No. CR-07-00751-PSG-1
v.
MEMORANDUM *
FEDERICO FRANCO-VASQUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD and M. SMITH, Circuit Judges.
Federico Franco-Vasquez appeals the sentence imposed following his guilty
plea to being an illegal alien found in the United States after deportation in
*
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).
HL/Inventory
violation of 8 U.S.C. § 1326. Franco-Vasquez contends that the district court
should not have counted his 2007 conviction for driving under the influence as part
of his criminal history because the offense occurred during the commission of the
instant offense of illegal reentry after deportation. This argument is foreclosed by
United States v. Cruz-Gramajo, 570 F.3d 1162 (9th Cir. 2009).
AFFIRMED.
HL/Inventory