United States v. Moises Valverde-Garcia

U.S. Court of Appeals for the Ninth Circuit
United States v. Moises Valverde-Garcia, 358 F. App'x 946 (9th Cir. 2009)
Alarcón, Trott, Tashima

United States v. Moises Valverde-Garcia

Opinion

MEMORANDUM **

Moisés Valverde-Garcia appeals from the 24-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment.

*947 Valverde-Garcia contends that the district court procedurally erred by failing to consider all the 18 U.S.C. § 3553(a) factors and that his sentence was substantively unreasonable given that his prior felony convictions were for non-violent immigration offenses. Our review of the record indicates that the judge’s § 3553(a) analysis was procedurally adequate under the circumstances. See Rita v. United States, 551 U.S. 338, 359, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en banc). Considering the totality of the circumstances, as well as the § 3553(a) factors, the district court’s sentence was substantively reasonable. Id. at 993.

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. 2000), we remand the case to the district court with instructions that it delete from the judgment the incorrect reference to § 1326(b), and correct the judgment to reflect 8 U.S.C. § 1326(a) as the statute of conviction. See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to delete the reference to § 1326(b)).

AFFIRMED; REMANDED to correct the judgment.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Moises VALVERDE-GARCIA, Defendant-Appellant
Cited By
1 case
Status
Unpublished