United States v. Eduardo Alvarez-Marquez

MEMORANDUM

Eduardo Alvarez-Marquez appeals his 300-month sentence for conspiring to bring, transport, and harbor illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(A)(v)(I); conspiring to allow, procure, and permit inadmissible aliens with aggravated felonies to enter the country in violation of 8 U.S.C. § 1327 ; and harboring and concealing an illegal alien in violation of 8 U.S.C. § 1324 (a)(l)(A)(iii). Alvarez-Marquez argues that his sentence violates the Double Jeopardy Clause and is substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Alvarez-Marquez argues that the imposition of consecutive sentences for the conspiracy crimes violates the Double Jeopardy Clause. This claim is reviewed for plain error because it was not raised in the district court. United States v. Davenport, 519 F.3d 940, 943 (9th Cir.2008). When, as here, multiple sentences are imposed in the same trial, the protection against double jeopardy “is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.” Id. (quoting Brown v. Ohio, 432 U.S. 161, 165 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977)). We…