Canas

United States v. Canas

Good Law
540 F. App'x 789
United States Court of Appeals for the Ninth CircuitOctober 3, 2013No. 12-50308California395 words

Opinion

Lead Opinion

MEMORANDUM **

Rosa Alicia Canas appeals from the district court’s judgment and challenges the three-year term of supervised release imposed following her guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm, but remand with instructions to the district court to enter a corrected judgment.

Canas contends that the district court procedurally erred by failing to consider and explain why a term of supervised release was warranted in light of U.S.S.G. § 5Dl.l(c) (2011), which directs that a district court ordinarily should not impose a term of supervised release if the defendant is a deportable alien. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record reflects that the district court considered the probation officer’s recommendation in favor of a term of supervised release and determined that a supervised release term was warranted. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc) (“[AJdequate explanation in some cases may ... be inferred from the…

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