United States v. Nicanor Zarate-Zenaido

MEMORANDUM

Nicanor Zarate-Zenaido appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291, and we affirm, but remand to correct the judgment.

Zarate-Zenaido contends that his sentence is substantively unreasonable under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir.2009), in light of the staleness of his prior conviction and lack of intervening criminal conduct. The district court did not abuse its discretion in imposing Zarate-Zenaido’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 Zarate-Ze-naido’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…