United States v. Cabrera-Ramirez
United States v. Cabrera-Ramirez
Opinion of the Court
MEMORANDUM
Carlos Cabrera-Ramirez (Cabrera) pled guilty to violating 8 U.S.C. § 1326. He appeals his sentence of 90 months in custody followed by three years of supervised release. We affirm his sentence.
Cabrera argues for the first time on appeal that the district judge unreasonably rejected his mitigation argument by considering ex parte information. We review for plain error, which is (1) error, (2) that is plain, and (3) that affects substantial rights.
Cabrera also argues that the judge placed undue weight on the advisory Guideline range. The district judge expressly stated that she recognized that the Guideline range was a “starting point.” After correctly calculating the Guideline range, the judge carefully considered the § 3553(a) factors and gave reasons for rejecting each of Cabrera’s mitigation arguments. For Cabrera’s within-Guideline sentence, this explanation was sufficient.
The condition that requires Cabrera to report to a probation officer “within 72 hours of release from any custody or any reentry to the United States during the period of Court-ordered supervision” does not violate the Fifth Amendment.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).
. United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008).
. United States v. Rodriguez-Rodrignez, 441 F.3d 767, 771-73 (9th Cir. 2006).
. United States v. Abbouchi, 502 F.3d 850, 859 (9th Cir. 2007).
. Id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.