USA V. SAUL RIVAS-MENESES, No. 11-50469 (9th Cir. 2012)
Annotate this Case
The court issued a subsequent related opinion or order on December 23, 2013.
Download PDF
FILED JUN 29 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-50469 D.C. No. 3:11-cr-01757-JAH v. MEMORANDUM * SAUL RIVAS-MENESES, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Saul Rivas-Meneses appeals from the 40-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Rivas-Meneses contends that the district court erred in failing to grant his request for a third-level reduction under U.S.S.G. § 3E1.1(b) because his refusal to waive his right to appeal was an improper basis for the government to refuse to move for the reduction. This argument is foreclosed by United States v. Johnson, 581 F.3d 994, 1002-04 (9th Cir. 2009). We decline Rivas-Meneses s request that we call for en banc review to reconsider Johnson. Rivas-Meneses s unopposed motion for judicial notice, filed March 16, 2012, is granted. AFFIRMED. 2 11-50469
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
