United States of America v. Pedro Mora

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PEDRO MORA,
Defendant - Appellant.
No. 09-50514
D.C. No. 2:09-cr-00178-PA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Pedro Mora appeals from the 92-month sentence imposed following
his jury-trial conviction for being an illegal alien found in the United States
following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
FILED
OCT 5 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50514 2
Mora contends that the district court plainly erred because it failed to
consider a proposed guideline amendment deleting the provision for “recency
points” in calculating criminal history under U.S.S.G. § 4A1.1(e) at the time of
sentencing. This contention is without merit. The district court accurately
calculated the guideline range applicable at the time of sentencing. See United
States v. Ruiz-Apolonio, No. 10-50306, 2011 WL 4060803 at 8-9 (9th Cir. Sept.
14, 2011); see also United States v. Carty, 520 F.3d 984, 991 (9th Cir. 2008) (en
banc).
Mora also contends that his sentence is substantively unreasonable because
it did not reflect the proposed amendment to U.S.S.G. § 4A1.1. In light of the
totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the
sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51-52
(2007).
AFFIRMED.

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