United States v. Fernando Velasquez-Bosque , 453 F. App'x 687 ( 2011 )

FILED
NOT FOR PUBLICATION OCT 3 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50566
Plaintiff - Appellee, D.C. No. 8:07-cr-00275-JVS
v.
MEMORANDUM *
FERNANDO ALBERTO VELASQUEZ-
BOSQUE,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Fernando Alberto Velasquez-Bosque appeals from the 84-month sentence
imposed on remand for resentencing, following his jury conviction for being an
illegal alien found in the United States following deportation, in violation of 8
*
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).
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We affirm, but
remand to correct the judgment.
Velasquez-Bosque contends that the district court procedurally erred by
placing excessive weight on the advisory Guidelines range and by treating the
Guidelines range as presumptively reasonable. He also contends that his sentence
is substantively unreasonable. The record reflects that the district court did not
procedurally err, and that the sentence is substantively reasonable in light of the
totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See
United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
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 clerical error resulting in 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 § 1326(b)).
AFFIRMED; REMANDED to correct the judgment.
2 10-50566