Opinion
No. 13-10549
07-22-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROGELIO MELENDEZ-RODRIGUEZ, a.k.a. Jose Gonzalez Gonzalez, a.k.a. Rogelio Rodriguez Melendez, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:11-cr-00375-KJM MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Rogelio Melendez-Rodriguez appeals from the district court's judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, 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.
Melendez-Rodriguez contends that his sentence is substantively unreasonable in light of his mitigating circumstances and the age of his prior conviction for possession of a controlled substance for sale, which triggered a 12-level enhancement. The district court did not abuse its discretion in imposing Melendez-Rodriguez's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence at the bottom of the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Melendez-Rodriguez's criminal history and eight previous deportations. 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 incorrect reference to 8 U.S.C. § 1326(b)(2). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to delete the reference to section 1326(b) in the judgment of conviction).
AFFIRMED; REMANDED to correct the judgment.