United States v. Jose Ramirez-De La Cruz
Opinion
Opinion
MEMORANDUM
Jose Serafín Ramirez-De La Cruz appeals from the 57-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.
Ramirez-De La Cruz contends that his sentence is unreasonable because: (1) it is based on a 16-level enhancement, pursuant to U.S.S.G. § 2L1.2(b)(l)(A), which is an inherently flawed Guideline; (2) application of the 16-level enhancement resulted in a Guidelines’ range that was greater than necessary to achieve the purposes of sentencing; (3) the district court failed to consider the 18 U.S.C. § 3553 (a) sentencing factors; and (4) the district court failed to consider his argument regarding the 16-level increase and his argument in favor of a departure based on assimilation. The record indicates that the district court did not procedurally err and that Ramirez-De La Cruz’s sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc); cf. United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-58 (9th Cir.2009).