U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Jose Sanchez-Rivera

United States v. Jose Sanchez-Rivera
U.S. Court of Appeals for the Ninth Circuit · Decided July 21, 2010 · Alarcón, Leavy, Graber
388 F. App'x 744

United States v. Jose Sanchez-Rivera

Opinion

MEMORANDUM **

Jose Leonardo Sanchez-Rivera appeals from the 30-month sentence imposed fol *745 lowing his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Sanchez-Rivera contends that the district coui’t erred in calculating his criminal history when it imposed an additional criminal history point pursuant to U.S.S.G. § 4Al.l(e). We do not reach this issue. Because the additional criminal history point would not change the criminal history category, any error was harmless. See United States v. Cruz-Gramajo, 570 F.3d 1162, 1174 (9th Cir. 2009).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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