Gonzalez-Aparicio
United States v. Gonzalez-Aparicio
Opinion
Opinion
COWEN, J.
Robert Lally Miskell (argued), Assistant U.S. Attorney, Tucson, AZ, for the appellee.
Jeffrey Glenn Buchella (argued), CJA, Tucson, AZ, for the appellant.
Before: ROBERT E. COWEN, [*] A. WALLACE TASHIMA and BARRY G. SILVERMAN, Circuit Judges.
Opinion by Judge COWEN; Dissent by Judge TASHIMA.
COWEN, Circuit Judge:
Isaias Gonzalez-Aparicio appeals from the sentence imposed by the District Court following his guilty plea to one count of attempted reentry after deportation. Reviewing for plain error, we will affirm.
Gonzalez-Aparicio was born in Mexico on January 24, 1973. According to the presentence investigation report ("PSR") dated September 23, 2009, he moved to the United States with his family when he was still a teenager.
In "Part BDefendants' Criminal History," the PSR stated that Gonzalez-Aparicio was arrested on August 18, 1999, at age 26, and then convicted on the following charge: "Count 1Sexual Conduct with a Minor (felony) Arizona Revised Statutes § 13-1405, Maricopa County Superior Court, Phoenix, CR19992981." (PSR ¶ 21.) He originally received the following sentence: "02/02/200010 years probation, 1 year jail as condition of probation (credit for 167 days…