United States v. Portillo-Quiroz
United States v. Portillo-Quiroz
Opinion of the Court
MEMORANDUM
Carlos Enrique Portillo-Quiroz appeals from the 21-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. We have jurisdiction under 28 U.S.C. § 1291. We affirm, but remand to correct the judgment.
Portillo-Quiroz contends that his above-Guidelines range sentence is unreasonable because the district court did not give sufficient weight to the Guidelines range relative to other factors enumerated in 18 U.S.C. § 3553(a). We conclude that the
In accordance with United States v. Rivera-Sanehez, 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 8 U.S.C. § 1326(b). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to delete the reference to § 1326(b)(2)).
AFFIRMED; REMANDED with instructions to correct the judgment.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Carlos Enrique PORTILLO-QUIROZ, aka Adan Salazar-Hernandez
- Status
- Published