United States of America v. Saul Rivas-Meneses

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NOT FOR PUBLICATION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.
SAUL RIVAS-MENESES,
Defendant - Appellant.
No. 11-50469
D.C. No. 3:11-cr-01757-JAH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Saul Rivas-Meneses appeals from the 40-month sentence imposed following
his guilty-plea conviction for attempted entry after deportation, in violation of 8
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 29 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50469 2
Rivas-Meneses contends that the district court erred in failing to grant his
request for a third-level reduction under U.S.S.G. § 3E1.1(b) because his refusal to
waive his right to appeal was an improper basis for the government to refuse to
move for the reduction. This argument is foreclosed by United States v. Johnson,
581 F.3d 994, 1002-04 (9th Cir. 2009). We decline Rivas-Meneses’s request that
we call for en banc review to reconsider Johnson.
Rivas-Meneses’s unopposed motion for judicial notice, filed March 16,
2012, is granted.
AFFIRMED.

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