United States v. Rafael De La Torre

MEMORANDUM

Rafael Flores de la Torre appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1826 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Flores contends that the district court procedurally erred when it determined that his motive for reentering the country was not a basis for a lower sentence. This contention lacks merit as the record reflects that the district court considered Flores’s motive for reentry as part of its analysis of the 18 U.S.C. § 3553 (a) sentencing factors, but found the circumstances insufficient to justify a lower sentence. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

Flores, citing United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-56 (9th Cir.2009), also contends that his sentence is substantively unreasonable due to the age of his prior felony conviction that triggered a 16-level enhancement. The district court considered Flores’s argument in this regard, and reduced his criminal history category from level III to level I after concluding that it was overstated, but found the circumstances insufficient to…