United States v. Jose Madrid-Becerra

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-10458 Plaintiff-Appellee, D.C. No. v. 2:19-cr-01067-

DJH-

JOSE YOBANI MADRID-BECERRA,

AKA Jose Jobane Madrid Becerra, AKA Jose Madrid-Mesena, OPINION Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted May 13, 2021 Pasadena, California

Filed October 1, 2021

Before: Jay S. Bybee and Daniel A. Bress, Circuit Judges, and Kathleen Cardone,* District Judge.

Opinion by Judge Bybee; Dissent by Judge Cardone

* The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation. UNITED STATES V. MADRID-BECERRA

SUMMARY**

Criminal Law

The panel affirmed a sentence in a case in which the defendant, who was convicted of illegal re-entry under 8 U.S.C. § 1326(a), argued that the district court erred by applying U.S.S.G. § 4A1.1(d), which assigns two criminal history points “if the defendant committed the instant offense while under…