USA V. ISMAEL MAYA-PIZANO, No. 17-10130 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 17-10130 D.C. No. 2:16-cr-00121-JAM-1 v. ISMAEL MAYA-PIZANO, AKA Ismael Maya Pizano, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted October 12, 2017** San Francisco, California Before: THOMAS, REINHARDT, and O’MALLEY,*** Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Kathleen M. O’Malley, United States Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, sitting by designation. Ismael Maya-Pizano appealed the district court’s sentence prior to our decision in United States v. Martinez-Lopez, 864 F.3d 1034 (9th Cir. 2017). MayaPizano concedes that Martinez-Lopez forecloses his appeal. Accordingly, we affirm the sentence. AFFIRMED. 2

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