United States v. Ledesma-Lozano
United States v. Ledesma-Lozano
Opinion of the Court
MEMORANDUM
Juan Carlos Ledesma-Lozano appeals from the 62-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, and we affirm, but remand to correct the judgment.
Ledesma-Lozano contends that the district court erred at sentencing by: 1) failing to apply the parsimony principle as required by 18 U.S.C. § 3553; 2) failing
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. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. 2000); see also 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 to correct the judgment.
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.