United States v. Javier Uribe

MEMORANDUM

Javier Uribe appeals the district court’s imposition of a 30-month sentence following his guilty plea to violating 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

1.Reviewing de novo, United States v. Kiefer, 760 F.3d 926, 929 (9th Cir.2014), we conclude that the district court did not err in calculating the applicable 18-24 month Guidelines range. The court properly increased Uribe’s offense level based on a 1991 aggravated felony conviction for receiving stolen property, despite the conviction’s age. See U.S.S.G. § 2L1.2(b)(1)(C) & cmt. 3 (increasing the offense level by 8 for an aggravated felony, “without regard to the date of conviction”); 8 U.S.C. § 1101 (a)(43)(G) (including offenses for “receipt of stolen property” within the definition of aggravated felony).

Nor did the district court abuse its discretion by granting a two-level downward departure, instead of the four-level departure the parties recommended, pursuant to Uribe’s “fast track” plea. See U.S.S.G. § 5K3.1 (“Upon motion of the Government, the court may depart downward not more than 4 levels.... ” (emphasis added)); see also United States v.…