Garcia-Munoz
United States v. Garcia-Munoz
Opinion
Lead Opinion
MEMORANDUM **
Apolinar Garcia-Munoz appeals from the 54-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.
Garcia-Munoz contends that the district court erred at sentencing by failing to properly apply the parsimony principle embodied in 18 U.S.C. § 3553 (a). The record reflects that district court did not procedurally err, and that Garcia-Munoz’s sentence is not unreasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc); see also United States v. Nichols, 464 F.3d 1117, 1124-26 (9th Cir.2006).
As Garcia-Munoz concedes, his argument that United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir.2008), should be overruled may not be considered by a three judge panel. See Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir.2001).
*289 Next, as Garcia-Munoz concedes, his contention that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), should be overruled is foreclosed. See United States v. Grisel, 488 F.3d 844, 846-47 (9th…