*1 FILED NOT FOR PUBLICATION OCT 17 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-10130

Plaintiff-Appellee, D.C. No. 2:16-cr-00121-JAM-1 v.

ISMAEL MAYA-PIZANO, AKA Ismael MEMORANDUM ^[*] Maya Pizano,

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.

*2 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). Maya- Pizano concedes that Martinez-Lopez forecloses his appeal. Accordingly, we affirm the sentence.

AFFIRMED.

2

[*] 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.