United States v. Adolfo Barron-Galvan

MEMORANDUM

Defendant Adolfo Barron-Galvan appeals his conviction for being found in the United States after having been removed, in violation of 8 U.S.C. § 1326 (a), and the resulting sentence of 15 months’ imprisonment. We affirm.

1. Plain error did not occur when the government lawyer made certain statements at sentencing. See United States v. Maldonado, 215 F.3d 1046 , 1051 & nn. 5-6 (9th Cir.2000) (holding that we review for plain error whether the government breached its plea obligations when the defendant fails to object at sentencing). The government stood by its recommendation of 60 days’ imprisonment. At most, the government’s additional comments were ambiguous. Accordingly, any error was not plain. See United States v. Dorsey, 677 F.3d 944, 953 (9th Cir.2012) (holding that an error is “plain” if it is “clear or obvious”).

2. The district court did not commit significant procedural error at sentencing. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007) (holding that a reviewing court “must first ensure that the district court committed no significant procedural error”). The district court explained its sentence “sufficiently to permit…