United States v. Jose Padilla-Medina , 615 F. App'x 451 ( 2015 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 1 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50364
Plaintiff - Appellee, D.C. No. 3:14-cr-00259-JLS
v.
MEMORANDUM*
JOSE LUIS PADILLA-MEDINA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Jose Luis Padilla-Medina appeals from the district court’s judgment and
challenges the 30-month aggregate sentence imposed following his guilty-plea
conviction for two counts of improper entry by an alien, in violation of 8 U.S.C.
§ 1325. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Padilla-Medina contends that the district court procedurally erred by
manipulating the Guidelines calculation in order to impose a pre-determined
sentence. We review for plain error, see United States v. Dallman, 533 F.3d 755,
761 (9th Cir. 2008), and find none. Padilla-Medina has not shown a reasonable
probability that he would have received a different sentence absent the alleged error.
See id. at 762.
AFFIRMED.
2 14-50364