United States v. Alberto Perez-Nava

MEMORANDUM

Alberto Perez-Nava appeals from the district court’s judgment and challenges the 41-month sentence imposed following his guilty-plea conviction for being an alien in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Perez-Nava contends that his sentence is substantively unreasonable in light of his family ties and responsibilities, and because the advisory Sentencing Guidelines range overstated his criminal history. The district court did not abuse its discretion in imposing Perez-Nava’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The record reflects that the district court varied downward to reflect its belief that Perez-Nava’s criminal history was overstated. In light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors, the below-Guidelines sentence is substantively reasonable. See id.

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir.2000), we remand the case to the district court with instructions that it delete from the judgment the…