Hernandez-Caudillo

United States v. Hernandez-Caudillo

Good Law
304 F. App'x 543
United States Court of Appeals for the Ninth CircuitDecember 19, 2008No. 08-10093California884 words

Opinion

lead Opinion

*545 MEMORANDUM **

Juan Francisco Hernandez-Caudillo appeals the sentence imposed following his guilty plea to unlawful reentry under 8 U.S.C. § 1326 (a). He contends that his sentence must be reversed as procedurally unreasonable. We disagree and affirm.

Mr. Hernandez-Caudillo’s presentence report (“PSR”) recommended a 16 level enhancement under U.S.S.G. § 2L1.2(b)(1)(A) because Mr. HernandezCaudillo was deported after conviction for a crime of violence. Before the district court, Mr. Hernandez-Caudillo objected to the PSR, arguing that the criminal conviction on which the PSR relied — a Nevada state court conviction for conspiracy to commit murder — did not qualify as a crime of violence within the meaning of § 2L1.2(b)(1)(A). The district court agreed and reduced the applicable advisory guidelines range accordingly from 77-96 months to 33-41 months. EOR at 25-26. Nonetheless, after considering the 18 U.S.C. § 3553 (a) factors, the court varied upward and sentenced the defendant to 78 months’ imprisonment. The court explained that a within-Guidelines sentence would be “woefully inadequate in this particular case,” id. at 45 , in part, because the conspiracy to which Mr.…

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