United States v. Moises Valverde-Garcia

Moisés Valverde-Garcia appeals from the 24-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 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Valverde-Garcia contends that the district court procedurally erred by failing to consider all the 18 U.S.C. § 3553 (a) factors and that his sentence was substantively unreasonable given that his prior felony convictions were for non-violent immigration offenses. Our review of the record indicates that the judge’s § 3553(a) analysis was procedurally adequate under the circumstances. See Rita v. United States, 551 U.S. 338, 359 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 995 (9th Cir.2008) (en banc). Considering the totality of the circumstances, as well as the § 3553(a) factors, the district court’s sentence was substantively reasonable. Id. at 993.

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 the judgment the incorrect reference to §…