United States v. Jaime Moreno-Castaneda

MEMORANDUM

Jaime Moreno-Castaneda appeals from the district court’s judgment and challenges the 46-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 under 28 U.S.C. § 1291 , and we affirm but remand to correct the judgment.

Moreno-Castaneda contends that the district court abused its discretion by electing to run the 46-month sentence consecutive to an undischarged state sentence. He argues that the resulting sentence is substantively unreasonable in light of his poor upbringing, history of substance abuse, positive work history, and efforts to support his American children. The district court did not abuse its discretion in imposing Moreno-Castaneda’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The 40-month consecutive sentence is substantively reasonable ■ in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the -circumstances, including Moreno-Castaneda’s significant criminal history and the need to protect the public and provide just punishment for the offense. See U.S.S.G. §§…