FILED NOT FOR PUBLICATION JAN 15 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-50048 Plaintiff - Appellee, D.C. No. 3:92-mj-04048-BTM-1 v. MEMORANDUM* ANTONIO FLORES-CURIEL, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding Submitted January 9, 2014** Pasadena, California Before: W. FLETCHER, M. SMITH, and WATFORD, Circuit Judges.

Antonio Flores-Curiel does not qualify for expungement of his 1992 conviction under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607. He concedes that he was not sentenced under § 3607(a) and that he was over 21 at the

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Page 2 of 2 time of the offense. Thus, he does not meet the FFOA’s conditions for expungement. See United States v. Crowell, 374 F.3d 790, 792 (9th Cir. 2004).

AFFIRMED.