United States v. Francisco Meza-Gutierrez

FILED
NOT FOR PUBLICATION FEB 23 2012

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. 10-10193

Plaintiff - Appellee, D.C. No. 4:09-cr-01675-CKJ

v.
MEMORANDUM *
FRANCISCO MEZA-GUTIERREZ,

Defendant - Appellant.

Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding

Submitted February 21, 2012 **

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Francisco Meza-Gutierrez appeals from the 32-month sentence imposed

following his guilty-plea conviction for re-entry after deportation, 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).
 Meza-Gutierrez contends that he was entitled to an additional one-level

adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(b).

Contrary to his assertion, the government’s refusal to move for the additional one-

level reduction was justified because Meza-Gutierrez refused to waive his appellate

rights. See United States v. Johnson, 581 F.3d 994, 1006-07 (9th Cir. 2009);

United States v. Medina-Beltran, 542 F.3d 729, 731 (9th Cir. 2008) (per curiam).

AFFIRMED.

2 10-10193