United States v. Rogelio Melendez-Rodriguez

MEMORANDUM

Rogelio Melendez-Rodriguez appeals from the district court’s judgment and challenges the 37-month sentence 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 . We affirm, but remand to correct the judgment.

Melendez-Rodriguez contends that his sentence is substantively unreasonable in light of his mitigating circumstances and the age of his prior conviction for possession of a controlled substance for sale, which triggered a 12-level enhancement. The district court did not abuse its discretion in imposing Melendez-Rodriguez’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence at the bottom of the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including Melendez-Rodriguez’s criminal history and eight previous deportations. See id.

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir.2000), we remand the case to the district court with instructions that it delete from…