United States v. Abraham Flores-Angeles

MEMORANDUM

Appellant Abraham Flores-Angeles (“Flores-Angeles”) appeals his conviction and sentence for violations of 18 U.S.C. § 1203 (Hostage Taking and Conspiracy to Commit Hostage Taking), 18 U.S.C. § 924 (c)(1)(A) (Possessing, Using, and Carrying a Firearm During and in Relation to a Crime of Violence), and 8 U.S.C. § 1324 (a)(l)(A)(iii) (Harboring Illegal Aliens). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Flores-Angeles argues that the district court abused its discretion by (1) excluding 1-218 immigration forms from evidence, and failing to allow Flores-Angeles to use these forms to cross-examine witnesses; and (2) imposing on Flores-Angeles a sentence of 132 months imprisonment.

A district court abuses its discretion “when it makes an error of law, [when it] rests its decision on clearly erroneous-findings of fact, or when we are left with a definite and firm conviction that the district court committed a clear error of judgment.” United States v. Hinkson, 585 F.3d 1247, 1283 (9th Cir.2009) (internal quotation marks omitted). Even applying this normal abuse of discretion standard rather than the plain error standard advocated by the Appellee, the…