Camacho-Jimenez

United States v. Camacho-Jimenez

Good Law
330 F. App'x 654
United States Court of Appeals for the Ninth CircuitMay 21, 2009No. 08-50381California286 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Camacho-Jimenez appeals from the 77-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.

Camacho-Jimenez contends the district court proeedurally erred at sentencing by failing to consider all of the factors set forth in 18 U.S.C. § 3553 (a), failing to make an individualized determination based on the facts, and placing undue weight on his criminal history. Camaeho-Jimenez contends that the resulting sentence is substantively unreasonable. We conclude that the district court did not proeedurally err and that the bottom-of-the-Guidelines range sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 600-02 , 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc); see also United States v. Rodriguez-Rodriguez, 441 F.3d 767, 770-71 (9th Cir.2006).

As Camacho-Jimenez concedes, his contention that the statutory maximum under 8 U.S.C. § 1326 is two years of imprisonment and one year of supervised…

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