United States v. Guillermo Garcia-Ocampo
Opinion
Opinion
MEMORANDUM
Guillermo Garcia-Ocampo pleaded guilty to a violation of 8 U.S.C. § 1326 and now appeals the district court’s sentence. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
The district court did not rely on an impermissible factor in sentencing Garcia. Taken in context, the district court’s references to the costs of prosecution and incarceration related to its consideration of deterring any future crimes. These references are not inconsistent with United States v. Tapia-Romero, which precludes district courts from considering the costs of incarceration as weighing in favor of shortening a sentence, see 523 F.3d 1125, 1126 (9th Cir.2008), not from considering the costs associated with recidivism. The district court’s references to cost as both “minor” and “salient” were not inherently contradictory or confusing in context, and did not impede appellate review.
The district court also adequately acknowledged Garcia’s arguments regarding mitigating circumstances. These arguments simply failed to alleviate the court’s legitimate concern with Garcia’s recidivism. See United States v. Carty. See 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).