United States v. Ismael Maya-Pizano

                                                                            FILED
                           NOT FOR PUBLICATION
                                                                            OCT 17 2017
                    UNITED STATES COURT OF APPEALS                       MOLLY C. DWYER, CLERK
                                                                          U.S. COURT OF APPEALS


                            FOR THE NINTH CIRCUIT


UNITED STATES OF AMERICA,                        No.   17-10130

              Plaintiff-Appellee,                D.C. No.
                                                 2:16-cr-00121-JAM-1
 v.

ISMAEL MAYA-PIZANO, AKA Ismael                   MEMORANDUM*
Maya Pizano,

              Defendant-Appellant.


                    Appeal from the United States District Court
                        for the Eastern District of California
                     John A. Mendez, District Judge, Presiding

                           Submitted October 12, 2017**
                             San Francisco, California

Before: THOMAS, REINHARDT, and O’MALLEY,*** Circuit Judges.




      *
             This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
      **
             The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
      ***
            The Honorable Kathleen M. O’Malley, United States Circuit Judge for
the U.S. Court of Appeals for the Federal Circuit, sitting by designation.
      Ismael Maya-Pizano appealed the district court’s sentence prior to our

decision in United States v. Martinez-Lopez, 864 F.3d 1034 (9th Cir. 2017). Maya-

Pizano concedes that Martinez-Lopez forecloses his appeal. Accordingly, we

affirm the sentence.

             AFFIRMED.




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