FILED
NOT FOR PUBLICATION MAY 18 2012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. 11-10416
Plaintiff - Appellee, D.C. No. 4:11-cr-00039-CKJ
v.
MEMORANDUM *
JOSE CHAVEZ-TORRES,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Ivan Lemelle, District Judge, Presiding **
Submitted May 15, 2012 ***
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Jose Chavez-Torres appeals from the 80-month sentence imposed following
his guilty-plea conviction for attempted reentry after deportation, in violation of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
Ivan Lemelle, United States District Judge for the Eastern District of
Louisiana, sitting by designation.
* **
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Chavez-Torres contends that the district court unreasonably denied his
motion to continue the sentencing hearing for 60 days. The district court did not
abuse its discretion by denying Chavez-Torres’s motion for a continuance. See
United States v. Mejia, 69 F.3d 309, 314 (9th Cir. 1995).
Chavez-Torres also contends that the district court erred by not granting an
additional one-level reduction for acceptance of responsibility. This contention
lacks merit. See U.S.S.G. § 3E1.1(b) cmt. n.6; United States v. Johnson, 581 F.3d
994, 1003-1004 (9th Cir. 2009).
AFFIRMED.
2 11-10416