United States v. Oswaldo Ramirez

MEMORANDUM

Oswaldo Ramirez appeals his sentence for conspiracy to engage in the business of dealing in firearms without a license. See 18 U.S.C. §§ 371 , 922(a)(1)(A). We affirm.

(1) Ramirez first asserts that the district court committed procedural error in calculating his Guideline range. He contends the court improperly added one point to his criminal history score due to a state drug conviction that had been set aside after Ramirez’s successful completion of drug treatment and the terms of probation. We disagree. While Ramirez did benefit from a state diversion program, he was afforded that after his guilty plea. Moreover, his conviction was not expunged because it could still be used in a number of important ways; its effects were not inconsiderable. See Cal.Penal Code § 1210.1(e)(3); People v. DeLong, 101 Cal.App.4th 482, 484, 491 , 124 Cal. Rptr.2d 293, 294, 299-300 (2002) (“[T]he conviction still exists for some purposes and has certain prejudicial collateral consequences.”); see also People v. Myers, 170 Cal.App.4th 512, 517 , 87 Cal.Rptr.3d 916, 918-19 (2009) (recognizing that a person whose conviction is set aside under § 1210.1(e) can be treated differently because…