United States v. Rodrigo Diaz-Lopez
Opinion
Opinion
MEMORANDUM
Aníbal Diaz-Rodriguez appeals from the 40-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.
Diaz-Rodriguez contends that the district court procedurally erred by focusing on the need for deterrence and failing to consider all the 18 U.S.C. § 3553 (a) sentencing factors. The record indicates that the district court did not procedurally err. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc).
Diaz-Rodriguez also contends that his sentence is substantively unreasonable in light of the age of a prior conviction. The record indicates that the sentence is substantively reasonable in light of the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51-52 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); cf. United States v. Amezcua-Vasquez, 567 F.3d 1050, 1055-56 (9th Cir.2009) (“It is unreasonable ... to treat a decades-old enhancing conviction as requiring as much deterrence as a recent conviction.”) (emphasis added).