United States v. Manuel Valdez

FILED
NOT FOR PUBLICATION OCT 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50322
Plaintiff - Appellee, D.C. No. 2:13-cr-00081-ABC-1
v.
MEMORANDUM*
MANUEL MORENO VALDEZ, AKA
Robert Guzman, AKA Manuel Moreno,
AKA Manuel Valdez Moreno, AKA
Manuel Valdez Morrero, AKA Jose Ortiz,
AKA Manuel Valdez, AKA Moreno
Valdez,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, District Judge, Presiding
Argued and Submitted October 8, 2014
Pasadena, California
Before: PREGERSON, TALLMAN, and BEA, Circuit Judges.
Defendant-Appellant Manuel Moreno Valdez pleaded guilty to illegally re-
entering the United States after removal. 8 U.S.C. § 1326(a) (2012). Moreno
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
appeals his sentence. We review the district court’s factual findings at sentencing
for clear error, and we affirm. United States v. Alvarado-Martinez, 556 F.3d 732,
734 (9th Cir. 2009).
In the district court, Moreno objected to the calculation of his criminal
history, which relied on California Department of Corrections (CDC) records
detailing Moreno’s movement in the prison system. Moreno argues that the district
court committed clear error in finding that in 1998 Moreno suffered a parole
revocation for a 1996 conviction because the CDC records were not sufficient to
prove that Moreno’s parole for the 1996 conviction was ever revoked.1
We disagree. The CDC records were sufficient to support, by a
preponderance of the evidence, the district court’s finding that Moreno’s parole for
the 1996 conviction was revoked. Alvarado-Martinez, 556 F.3d at 736. Moreno
does not contest that the CDC records record his movements while imprisoned.
Nor does Moreno argue that he was not in custody in 1998. Rather, Moreno argues
that the records are insufficient to prove that his parole, which was granted
pursuant to his 1996 conviction, was revoked. The CDC records show by a
1
Unless Moreno’s parole for the 1996 conviction was revoked after
December 22, 1997, the 1996 conviction did not fall within the 15-year period
relevant to his criminal history under Sentencing Guidelines § 4A1.2(e) and could
not be considered in the calculation of Moreno’s criminal history.
2
preponderance of the evidence that Moreno was taken into custody on February 19,
1998, and that on his release on August 26, 1998, he was “returned to parole.”
Therefore, the district court did not clearly err when it found that Moreno’s parole,
granted after he was incarcerated pursuant to his 1996 methamphetamine
conviction, was revoked in 1998. Accordingly, the district court’s assignment of
criminal history points for the 1996 conviction is AFFIRMED.
3