Medina-Nunez

United States v. Medina-Nunez

Good Law
337 F. App'x 661
United States Court of Appeals for the Ninth CircuitJune 26, 2009No. 07-50457California686 words

Opinion

Lead Opinion

MEMORANDUM *

Ignacio Medina-Nunez (“Medina-Nunez”) pled guilty to illegally reentering the country after deportation in violation of 8 U.S.C. § 1326 , and now appeals his sentence, as well as certain conditions of supervised release imposed. We find that the sentence was properly calculated and reasonable, and that the district court did *662 not plainly err by imposing the challenged conditions of supervised release. Because the parties are familiar with the facts of the case, we do not recite them here.

I.

Medina-Nunez first contends that the district court plainly erred in assigning criminal history points for two offenses he committed after illegally entering the country, but before being “found” in the United States. He argues that the Guidelines exclude from “criminal history” acts that are defined as “relevant conduct” to the conviction offense, which includes conduct “during” the conviction offense. See U.S.S.G. §§ 4A1.2(a)(l) & cmt. n. 1; lB1.3(a)(l). As we held in United States v. Cruz-Gramajo, 570 F.3d 1162, 1173 (9th Cir.2009), however, “[b]ecause [Medina-Nunez’s] state law offenses were not incorporated into the offense level calculation, and were not required to…

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