United States of America v. Jose Leonardo Sanchez-Rivera

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NOT FOR PUBLICATION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.
JOSE LEONARDO SANCHEZ-RIVERA,
Defendant - Appellant.
No. 09-50136
D.C. No. 5:08-cr-00185-VAP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jose Leonardo Sanchez-Rivera appeals from the 30-month sentence imposed
following his guilty-plea conviction for being an illegal alien found in the United
FILED
JUL 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50136 2
States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Sanchez-Rivera contends that the district court erred in calculating his
criminal history when it imposed an additional criminal history point pursuant to
U.S.S.G. § 4A1.1(e). We do not reach this issue. Because the additional criminal
history point would not change the criminal history category, any error was
harmless. See United States v. Cruz-Gramajo, 570 F.3d 1162, 1174 (9th Cir.
2009).
AFFIRMED.

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