United States of America v. Antonio Flores-Curiel

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTONIO FLORES-CURIEL,
Defendant - Appellant.
No. 13-50048
D.C. No. 3:92-mj-04048-BTM-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted January 9, 2014 **
Pasadena, California
Before: W. FLETCHER, M. SMITH, and WATFORD, Circuit Judges.
Antonio Flores-Curiel does not qualify for expungement of his 1992
conviction under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607. He
concedes that he was not sentenced under § 3607(a) and that he was over 21 at the
FILED
JAN 15 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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time of the offense. Thus, he does not meet the FFOA’s conditions for
expungement. See United States v. Crowell, 374 F.3d 790, 792 (9th Cir. 2004).
AFFIRMED.

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