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

United States v. Benito Ledesma-Sanchez

United States v. Benito Ledesma-Sanchez
U.S. Court of Appeals for the Ninth Circuit · Decided June 25, 2015 · Hawkins, Graber, Fletcher
608 F. App'x 501

United States v. Benito Ledesma-Sanchez

Opinion

MEMORANDUM **

Benito Ledesma-Sanchez appeals from the 64-month sentence imposed upon remand for resentencing following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ledesma-Sanchez contends that the district court violated Federal Rule of Criminal Procedure 32(i)(3)(B) by failing to make an express ruling about whether he had a prior conviction for robbery that would support a 16-level enhancement. The district court expressly determined that the 16-level enhancement validly applied. Accordingly, the court satisfied the requirements of Rule 32. See Fed. R.Crim.P. 32(i)(3)(B).

AFFIRMED.

**

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

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