United States v. Ricardo Ramirez-Turcios

MEMORANDUM

In these consolidated appeals, Ricardo Amilcar Ramirez-Turcios appeals the 70-month sentence imposed following his guilty-plea conviction for being, a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326 (a), and the partially consecutive 24-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ramirez-Turcios contends that the district court procedurally erred by (1) failing to explain adequately its determination to run the revocation sentence partially consecutive to the sentence imposed for the new criminal conviction, and (2) imposing the revocation sentence in order to promote respect for the law. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects the district court considered only the 18 U.S.C. § 3583 (e) sentencing factors, including the need to provide adequate deterrence, and sufficiently explained the basis for the revocation sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

Ramirez-Turcios also contends that the 78-month aggregate…