Rodriguez-Banuelos

United States v. Rodriguez-Banuelos

Good Law
348 F. App'x 311
United States Court of Appeals for the Ninth CircuitOctober 13, 2009No. 08-50473California265 words

Opinion

Lead Opinion

MEMORANDUM *

Isaul Rodriguez-Banuelos appeals from the 70-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm, but remand to correct the judgment.

Rodriguez-Banuelos contends that his sentence is unreasonable because its is based upon dated criminal conduct that should not have been scored for purposes of his criminal history. He also contends that the district court failed to properly apply the § 3553(a) sentencing factors. We conclude that the sentence imposed is substantively reasonable and procedurally sound. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 596-97 , 169 L.Ed.2d 445 *312 (2007); United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc); cf. United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-1058 (9th Cir.2009). Rodriguez-Banuelos’ contention that using the same prior conviction for the sentencing enhancement and for calculating his criminal history score constitutes impermissible double counting is foreclosed. See United States v. Garcia-Cardenas, 555 F.3d 1049, 1050 (9th Cir.2009) (per…

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