U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Francisco Meza-Gutierrez

United States v. Francisco Meza-Gutierrez
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2012 · Fernandez, McKeown, Bybee
468 F. App'x 802

United States v. Francisco Meza-Gutierrez

Opinion

MEMORANDUM **

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.

*803 Meza-Gutierrez contends that he was entitled to an additional one-level adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3El.l(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.

**

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

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