Ruiz-Servin

United States v. Ruiz-Servin

Good Law
320 F. App'x 701
United States Court of Appeals for the Ninth CircuitMarch 27, 2009No. 08-50222California228 words

Opinion

Lead Opinion

MEMORANDUM **

Arturo Ruiz-Servin appeals from the 57-month sentence imposed following his jury-trial conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Ruiz-Servin contends that the above-Guidelines range sentence imposed was unreasonable because the district court: (1) relied on a general policy objective rather than an individualized determination of the facts; (2) placed undue weight on his criminal history; and (8) failed to explain why it rejected his arguments for a lower sentence. We conclude that the district court did not procedurally err, and that the sentence imposed is substantively reasonable. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 596-98 , 169 L.Ed.2d 445 (2007); see also United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir.2008); United States v. Mohamed, 459 F.3d 979, 988-89 (9th Cir.2006).

We remand to the district court with directions to delete from the judgment of conviction the incorrect reference to 8 U.S.C. § 1326 (b). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th…

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