FILED NOT FOR PUBLICATION AUG 26 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-30100 Plaintiff - Appellee, D.C. No. 3:10-cr-00010-HRH-1 v. MEMORANDUM* RICKY ALAN REESE, AKA Ricky A.

Reese, Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska H. Russel Holland, Senior District Judge, Presiding Argued and Submitted August 15, 2013 Anchorage, Alaska Before: KOZINSKI, Chief Judge, BERZON and IKUTA, Circuit Judges.

Reese admits he didn’t see the allegedly defective notice before trial, and doesn’t allege he would have accepted a plea agreement but for the erroneous sentencing information. He therefore hasn’t demonstrated that the alleged error

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. page 2 “affected substantial rights.” United States v. Gonzalez-Aparicio, 663 F.3d 419, 428 (9th Cir. 2011).

AFFIRMED