United States of America v. Huber Sabalsa-Zarate

10-30375Court of Appeals for the Ninth Circuit27 ott 2011

Testo completo

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NOT FOR PUBLICATION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.
HUBER SABALSA-ZARATE,
Defendant - Appellant.
No. 10-30375
D.C. No. 2:10-cr-00163-MJP
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, Chief Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Huber Sabalsa-Zarate appeals from the 47-month sentence imposed
following his guilty-plea conviction for illegal reentry after deportation, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
FILED
OCT 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30375 2
Sabalsa-Zarate contends that his sentence below the Guidelines range is
substantively unreasonable. We are precluded from reaching the merits of this
claim by the valid appeal waiver. See United States v. Bibler, 495 F.3d 621, 623-
24 (9th Cir. 2007).
DISMISSED.

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