USA V. JOSE CHAVEZ-TORRES, No. 11-10416 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 18 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10416 D.C. No. 4:11-cr-00039-CKJ v. MEMORANDUM * JOSE CHAVEZ-TORRES, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Ivan Lemelle, District Judge, Presiding ** Submitted May 15, 2012 *** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Jose Chavez-Torres appeals from the 80-month sentence imposed following his guilty-plea conviction for attempted reentry after deportation, in violation of * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** Ivan Lemelle, United States District Judge for the Eastern District of Louisiana, sitting by designation. * ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Chavez-Torres contends that the district court unreasonably denied his motion to continue the sentencing hearing for 60 days. The district court did not abuse its discretion by denying Chavez-Torres s motion for a continuance. See United States v. Mejia, 69 F.3d 309, 314 (9th Cir. 1995). Chavez-Torres also contends that the district court erred by not granting an additional one-level reduction for acceptance of responsibility. This contention lacks merit. See U.S.S.G. § 3E1.1(b) cmt. n.6; United States v. Johnson, 581 F.3d 994, 1003-1004 (9th Cir. 2009). AFFIRMED. 2 11-10416

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