United States v. Antonio Talavera-Ruiz

MEMORANDUM

Antonio Talavera-Ruiz appeals from the district court’s judgment and challenges the 42-month sentence and three-year term of supervised release imposed following his guilty-plea conviction for being a deported 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.

Talavera-Ruiz first contends that the district court relied on impermissible factors, namely the costs of prosecution and incarceration, when it imposed his custodial sentence. Taken in context, the district court’s references to the costs of prosecution and incarceration related to its consideration of deterring future crimes. These references are not inconsistent with United States v. Tapia-Romero, 523 F.3d 1125, 1126 (9th Cir.2008), which precludes district courts from weighing the costs of incarceration in favor of shorter sentence, not from considering the costs associated with recidivism. The record makes clear that the court properly based the sentence on the need to deter Talavera-Ruiz from committing future crimes. See 18 U.S.C. § 3553 (a)(2)(B).

Talavera-Ruiz next contends that the district court procedurally erred in…