United States of America v. David Jose Chavarria Flores, a.k.a. David Jose Chavarria, a.k.a. Jose Chavarria…

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID JOSE CHAVARRIA FLORES,
a.k.a. David Jose Chavarria, a.k.a. Jose
Chavarria Flores, a.k.a. Jose Chavarria,
a.k.a. David Jose Flores, a.k.a. Jefe,
Defendant - Appellant.
No. 12-50139
D.C. No. 2:11-cr-01134-PA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
David Jose Chavarria Flores appeals from the district court’s judgment and
challenges the 30-month sentence imposed following his guilty-plea conviction for
FILED
AUG 01 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50139 2
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.
Chavarria Flores contends that the district court erred in assigning two
criminal history points under U.S.S.G. § 4A1.1(d) for committing the instant
offense while under a criminal justice sentence. Chavarria Flores’s contention is
foreclosed by United States v. Reyes-Ceja, 712 F.3d 1284, 1287-90 (9th Cir. 2013).
AFFIRMED.

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