United States v. Roberto Oropeza

MEMORANDUM

Roberto Oropeza appeals from the 70-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 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Oropeza contends that the district court procedurally erred at sentencing by applying “recency points” under Sentencing Guideline § 4A1.1(e) (2009), without considering the Sentencing Commission’s stated reasons for eliminating the application of such points in proposed Amendment 742. Oropeza further contends, for the first time on appeal, that the district court procedurally erred at sentencing by applying, without explaining, a 16-level enhancement based on the fact that he was previously deported subsequent to committing a crime of violence. The record reflects that the district court properly calculated the Guidelines range, considered the parties’ arguments and the sentencing factors set forth in 18 U.S.C. § 3553 (a), adequately explained the sentence imposed, and that the sentence is procedurally sound. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc); see also U.S.S.G. § lBl.ll(a) (directing…