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FILED NOT FOR PUBLICATION OCT 17 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-10130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. 2