Citation Codes Equivalent Citations citation codes Docket Number No. 07-30171. Attorney(S) Thomas J. Hanlon, Esq., Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee. Kristine K. Olmstead, Esq., Federal Defenders of Eastern Washington Idaho, Yakima, WA, for Defendant-Appellant. Judges Sidney Runyan Thomas Kim McLane Wardlaw Acts Aliens And Nationality — Immigration And Nationality — Immigration — General Penalty Provisions — Reentry Of Removed Aliens Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Final Decisions Of District Courts See more information ... Smart Summary Please sign up to generate summary. UNITED STATES of America, plaintiff-Appellee, v. Antonio MARCOS-MORA, aka Jose Quintero-Arias, Defendant-Appellant. ORDER The memorandum disposition filed on July 30, 2008, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order. MEMORANDUM This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Antonio Marcos-Mora appeals from the 77-month sentence imposed following his guilty-plea conviction for being an alien in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Marcos-Mora contends that the district court violated Federal Rule of Criminal Procedure 32(h) by failing to give adequate notice of its intent to depart upward from the Sentencing Guidelines range. The district court announced its intention to consider the sentence increase at the beginning of the sentencing hearing and Marcos-Mora had a full opportunity to respond. We see no plain error. AFFIRMED.