United States v. Ramon Valle Zuniga

Good Law
598 F. App'x 558
United States Court of Appeals for the Ninth CircuitMarch 18, 201514-50186, 14-50187California405 words

Opinion

Opinion

MEMORANDUM

In these consolidated appeals, Ramon Rosa Valle Zuniga appeals from the district court’s judgment and challenges his 38-month, aggregate custodial sentence and 36-month term of supervised release imposed upon his guilty plea conviction for being a removed 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.

Valle Zuniga contends that the district court procedurally erred by (1) failing to explain adequately the sentences imposed, (2) failing to respond to his sentencing arguments, and (3) impermissibly imposing the revocation sentence to punish him for the new criminal conviction. These claims fail. The record reflects that the court considered Valle Zuniga’s arguments, sufficiently explained the sentence, and did not impose the revocation sentence to punish the new offense. See United States v. Reyes-Solosa, 761 F.3d 972, 975-76 (9th Cir.2014) (in imposing a revocation sentence, a district court may “consider the entire picture, including the sentence imposed for the underlying crime that caused the revocation”); United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc).

Valle Zuniga…

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