United States v. Zuniga-Gamez
United States v. Zuniga-Gamez
Opinion of the Court
MEMORANDUM
Isac Zuniga-Gamez appeals his guilty-plea conviction and 51-month sentence for unlawful re-entry of a deported alien into the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Gamez contends that the district court plainly erred by enhancing his sentence on the basis of a prior felony drug-trafficking
Gamez contends that the district court improperly applied a 12-level enhancement under U.S.S.G. § 2L1.2(b)(l)(B) for a prior drug-trafficking offense for which the sentence imposed was 13 months or less, because he received a suspended prison sentence with two years probation, therefore there was no “sentence imposed” of 13 months or less. This argument is not persuasive. See United States v. Hernandez-Valdovinos, 352 F.3d 1243, 1249 (9th Cir. 2003) (concluding that “[a] sentence of probation, with or without the two months’ incarceration, by definition is a sentence of. 13 months of [sic] less”).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.