United States v. Salvador Avila-Rivera

MEMORANDUM

Salvador Avila-Rivera (“Avila”) was convicted of being found in the United States after having been removed from the country after an aggravated felony, in violation of 8 U.S.C. § 1326 (a) and (b)(2), and the district court sentenced Avila to 10 years and 5 months (125 months) of incarceration for that offense. At the time of his conviction, Avila was on supervised release for two previous convictions. The district court found Avila to be in violation of the terms of his release for each conviction, revoked his release, and imposed two sentences of two years (24 months) each, to run concurrently with one another but consecutively with the sentence of 10 years and 5 months. Avila timely appealed. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“A trial court’s denial of a motion for acquittal under Federal Rule of Criminal Procedure 29 is reviewed de novo.” United States v. Johnson, 357 F.3d 980, 983 (9th Cir.2004). We recently decided that an alien who is denied entry into Canada from the United States has not left the United States, as a matter of law, even if he has “technically traveled onto Canadian land.” United States v. Ambriz-Ambriz, 586 F.3d 719,…