U.S. Court of Appeals for the Ninth Circuit, 2017

United States v. Miguel Trujillo-Rodriguez

United States v. Miguel Trujillo-Rodriguez
U.S. Court of Appeals for the Ninth Circuit · Decided April 20, 2017 · Gould, Clifton, Hurwitz
689 F. App'x 489

United States v. Miguel Trujillo-Rodriguez

Opinion

MEMORANDUM **

Miguel Angel Trujillo-Rodriguez appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Trujillo-Rodriguez contends that the district court procedurally erred by failing to explain its reasons for rejecting his argument for a below-Guidelines sentence in light of the then-pending amendment to U.S.S.G. § 2L1.2. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none. Trujillo-Rodriguez argued at length in his sentencing memorandum and during the sentencing hearing that he should receive a lower sentence because, under the amendment that would take effect just a few months after his sentencing, he would be subject to a lower Guidelines range. The record reflects that the court considered these arguments, but did not believe that they supported a downward variance. Rather, the court explained that a mid-range sentence was warranted in light of the Í8 U.S.C. § 3553(a) factors and the totality of the circumstances, including the nature of Trujillo-Rodriguez’s offense and his prior crime. While the court might have said more, its failure to do so in this case did not affect Trujillo-Rodriguez’s substantial rights. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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