U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Jose Escobar-Escobar

U.S. Court of Appeals for the Ninth Circuit · Decided March 6, 2015 · Fernandez, Nguyen, Pregerson

596 F. App'x 574

Counsel

David P. Finn, Assistant U.S., Bruce R. Castetter, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee., Erick L. Guzman, Esquire, Law Offices of Erick Guzman, Santa Rosa, CA, for Defendant-Appellant.

Cases that cite this one

1 later published case cites this decision.

United States v. Jorge De La Rosa-Cruz (9th Cir. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*575 MEMORANDUM **

Jose Escobar-Escobar appeals the sentence imposed by the district court following a conviction for a violation of 8 U.S.C. § 1826. We have jurisdiction under 28 U.S.C. § 1291. We vacate the sentence and remand for resentencing.

In imposing a high-end sentence of 16 months, the district court stated that “as part of [his] thinking in this case,” he considered the costs to the taxpayers in providing Escobar with legal representation, court process, and incarceration. A district court, however, may not consider cost as a sentencing factor. See United States v. Tapia-Romero, 523 F.3d 1125, 1127 (9th Cir. 2008) (stating that § 3553(a) “neither requires, nor allows, a court to consider the cost of imprisonment in determining the appropriate length of a defendant’s term of imprisonment”).

VACATED AND REMANDED.

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

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