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

United States v. Jose Padilla-Medina

United States v. Jose Padilla-Medina
U.S. Court of Appeals for the Ninth Circuit · Decided September 1, 2015 · McKeown, Clifton, Hurwitz
615 F. App'x 451

United States v. Jose Padilla-Medina

Opinion

*452 MEMORANDUM **

Jose Luis Padilla-Medina appeals from the district court’s judgment and challenges the 30-month aggregate sentence imposed following his guilty-plea conviction for two counts of improper entry by an alien, in violation of 8 U.S.C. § 1325. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Padilla-Medina contends that the district court procedurally erred by manipulating the Guidelines calculation in order to impose a pre-determined sentence. We review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008), and find none. Padilla-Medina has not shown a reasonable probability that he would have received a different sentence absent the alleged error. See id. at 762.

AFFIRMED.

**

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

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