Gonzalez-Aparicio

United States v. Gonzalez-Aparicio

Good Law
648 F.3d 749
United States Court of Appeals for the Ninth CircuitNovember 16, 201109-10447California9,915 words

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 B—Defendants' 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 1—Sexual Conduct with a Minor (felony) Arizona Revised Statutes § 13-1405, Maricopa County Superior Court, Phoenix, CR19992981." (PSR ¶ 21.) He originally received the following sentence: "02/02/2000—10 years probation, 1 year jail as condition of probation (credit for 167 days…

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