United States v. Claunch
United States v. Claunch
Opinion of the Court
MEMORANDUM
The district court did not err in sentencing Claunch to the five-year minimum sentence under 8 U.S.C. § 1324(a)(2)(B), because Claunch was convicted of violating § 1324(a)(2)(B)(ii) three times. United States v. Gonzalez-Torres, 309 F.3d 594, 601-02 (9th Cir. 2002). Therefore, Claunch’s argument that the district court erred in calculating and applying the Sentencing Guidelines is moot, because he received the shortest sentence possible.
Finally, the district court did not abuse its discretion in denying Claunch’s motion for a continuance. Also, any error would have been harmless, because there was no evidence that Claunch’s medical condition had any effect on his ability to participate in his trial.
AFFIRMED
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.