United States of America v. Mateo Gomez Silvestre-Diego, a.k.a. El Tigre, a.k.a. Mateo Gomez Silvestre

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NOT FOR PUBLICATION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.
MATEO GOMEZ SILVESTRE-DIEGO,
a.k.a. El Tigre, a.k.a. Mateo Gomez
Silvestre,
Defendant - Appellant.
No. 11-50415
D.C. No. 2:10-cr-01057-ODW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Otis D. Wright II, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Mateo Gomez Silvestre-Diego appeals from the district court’s judgment
and challenges the 96-month sentence imposed following his guilty-plea
conviction for conspiracy to harbor and transport illegal aliens, in violation of 8
FILED
OCT 03 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50415 2
U.S.C. § 1324(a)(1)(A)(v)(I). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Silvestre-Diego contends that the district court procedurally erred when it
based his sentence on an unsubstantiated assumption regarding the frequency with
which he engaged in spousal abuse. We review for plain error, see United States v.
Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. Any
factual error by the district court did not affect the sentence imposed. See United
States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008).
AFFIRMED.

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