Guzman

United States v. Guzman

Good Law
310 F. App'x 125
United States Court of Appeals for the Ninth CircuitJanuary 23, 2009No. 07-50416California232 words

Opinion

Lead Opinion

*126 MEMORANDUM **

Pablo Diaz Guzman appeals from the 70-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Guzman contends that the district court procedurally erred at sentencing by failing to consider the factors set forth in 18 U.S.C. § 3553 (a) and by failing to provide a reasoned basis for the sentence imposed and a sufficient record regarding its application and interpretation of the Guidelines. We conclude that the district court did not procedurally err. See Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2468 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 992-993 (9th Cir.2008) (en banc).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir.2000), we remand with instructions that the district court delete from the judgment the incorrect reference to 8 U.S.C. § 1326 (b). See United States v. Herrera-Bianco, 232 F.3d 715, 719 (9th Cir.2000) (remanding sua sponte to delete the reference to § 1326(b) because it is a sentence…

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