gno.law

United States v. Sijifredo Delgadillo-Ramirez

Court of Appeals for the Ninth Circuit · 14-50437 · 2015-06-26 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Sijifredo DELGADILLO-RAMIREZ, Defendant-Appellant

Area
other
Panel
James S. Hawkins (author), Fletcher, Susan Graber

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

FILED NOT FOR PUBLICATION JUN 26 2015

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50437 Plaintiff - Appellee, D.C. No. 3:14-cr-01522-LAB v. MEMORANDUM* SIJIFREDO DELGADILLO-RAMIREZ, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted June 22, 2015** Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.

Sijifredo Delgadillo-Ramirez appeals from the district court’s judgment and challenges the 24-month custodial sentence and three-year term of supervised release 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). under 28 U.S.C. § 1291, and we affirm.

Delgadillo-Ramirez contends that the 24-month custodial sentence is substantively unreasonable in light of the circumstances of the offense and the alleged staleness of his criminal history. The district court did not abuse its discretion in imposing Delgadillo-Ramirez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Delgadillo-Ramirez’s violent criminal history. See Gall, 552 U.S. at 51.

Delgadillo-Ramirez also contends that the three-year term of supervised release is substantively unreasonable. The district court did not abuse its discretion in imposing Delgadillo-Ramirez’s term of supervised release as an added measure of deterrence in light of his criminal and immigration history. See U.S.S.G.

§ 5D1.1 cmt. n.5; United States v. Valdavinos-Torres, 704 F.3d 679, 692-93 (9th Cir. 2012).

AFFIRMED.

2 14-50437

Cites, in this corpus