United States of America v. Jose Chavez-Torres

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
Ivan Lemelle, United States District Judge for the Eastern District of**
Louisiana, sitting by designation.
The panel unanimously concludes this case is suitable for decision* **
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE CHAVEZ-TORRES,
Defendant - Appellant.
No. 11-10416
D.C. No. 4:11-cr-00039-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Ivan Lemelle, District Judge, Presiding **
Submitted May 15, 2012***
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Jose Chavez-Torres appeals from the 80-month sentence imposed following
his guilty-plea conviction for attempted reentry after deportation, in violation of
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10416 2
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Chavez-Torres contends that the district court unreasonably denied his
motion to continue the sentencing hearing for 60 days. The district court did not
abuse its discretion by denying Chavez-Torres’s motion for a continuance. See
United States v. Mejia, 69 F.3d 309, 314 (9th Cir. 1995).
Chavez-Torres also contends that the district court erred by not granting an
additional one-level reduction for acceptance of responsibility. This contention
lacks merit. See U.S.S.G. § 3E1.1(b) cmt. n.6; United States v. Johnson, 581 F.3d
994, 1003-1004 (9th Cir. 2009).
AFFIRMED.

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