United States of America v. Sergio Montes-Ramirez, a.k.a. Sergio Ramirez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SERGIO MONTES-RAMIREZ, a.k.a.
Sergio Ramirez,
Defendant - Appellant.
No. 13-10684
D.C. No. 4:13-cr-00973-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted June 25, 2014***
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Sergio Montes-Ramirez appeals from the district court’s judgment and
challenges the 12-month sentence imposed following his guilty-plea conviction for
FILED
JUN 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Linda R. Reade, Chief Judge for the Northern District
of Iowa, sitting by designation.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Montes-Ramirez contends that the district court procedurally erred by basing
his sentence on the clearly erroneous factual determination that his prior conviction
was a sexual offense. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects
that the court expressly declined to characterize Montes-Ramirez’s prior crime as a
sexual offense and imposed the sentence on the basis of Montes-Ramirez’s
criminal and immigration history.
AFFIRMED.
13-10684 2

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