United States v. Jose Quintana-Cervantes
Opinion
Opinion
MEMORANDUM
Jose Antonio Quintana-Cervantes appeals from the district court’s judgment and challenges the 36-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Quintana-Cervantes contends that the district court procedurally erred by failing to explain the sentence adequately, and by relying on an erroneous criminal history category at sentencing. 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 that the court carefully explained the sentence in light of the 18 U.S.C. § 3553 (a) factors and Quintana-Sandoval’s arguments. Furthermore, although the court made reference to an erroneous criminal history category, it appears that it simply misspoke. The court accurately described Quintana-Sandoval’s criminal history and calculated the Guidelines range using the correct criminal history category. Thus, any error did not effect Quintana-Sandoval’s substantial rights. See United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir. 2008).