Duarte-Corona
United States v. Duarte-Corona
Opinion
Lead Opinion
MEMORANDUM **
Efren Duarte-Corona appeals his 52-month sentence following a guilty plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, and vacate and remand in part for resentencing.
Duarte-Corona contends that the district court erred when imposing consecutive sentences by failing to consider the factors set forth in U.S.S.G. § 5G1.3. We review for plain error the district court’s decision to impose consecutive sentences where the defendant failed to raise the issue before the district court. See United States v. Chea, 231 F.3d 531, 535 (9th Cir.2000).
Indeed, our review of the record shows that the district court failed to give due consideration to the factors enumerated in U.S.S.G. § 5G1.3. See 18 U.S.C. §§ 3584 , 3553(a); United States v. Steffen, 251 F.3d 1273, 1278-79 (9th Cir.2001) (stating that the district court’s explanation on the record “for imposing consecutive sentences constitutes sufficient evidence of appropriate consideration of factors set out in 18 U.S.C. § 3553 (a)”). We therefore vacate only that portion of…