Rodriguez-Cadena
United States v. Rodriguez-Cadena
Opinion
Lead Opinion
MEMORANDUM **
Jesus Rodriguez-Cadena appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal reentry, 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.
Rodriguez-Cadena contends the district court erred by relying on a state court minute order to determine that he was convicted of violating a statute that categorically qualifies as a drug trafficking offense, pursuant to U.S.S.G. § 2L1.2(b)(l)(B). This contention lacks merit. See United States v. Snellenberger, 548 F.3d 699, 702 (9th Cir.2008) (en banc).
Rodriguez-Cadena further contends that his sentence is unreasonable because the district court failed to properly consider the factors set forth in 18 U.S.C. § 3553 (a). We conclude that the district court did not proeedurally err and that the sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United *417 States v. Carty, 520 F.3d 984, 990-93 (9th Cir.2008) (en banc).
Next, we decline Rodriguez-Cadena’s request for a remand to make sure that the district court properly exercised its…