FILED
NOT FOR PUBLICATION OCT 28 2011
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. 11-50068
Plaintiff - Appellee, D.C. No. 3:10-cr-01461-JAH
v.
MEMORANDUM *
JOSE M. GOMEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Jose M. Gomez appeals from the 46-month sentence imposed following his
guilty-plea conviction for being a deported alien found in the United States, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
*
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).
Gomez contends that the district court failed to respond adequately to his
argument that his criminal history category classification overrepresented the
seriousness of his criminal history. The district court did not err, must less plainly
err, in rejecting that argument. See United States v. Blinkinsop, 606 F.3d 1110,
1114-17 (9th Cir. 2010).
AFFIRMED.
2 11-50068