United States of America v. Jaime Moreno-Castaneda

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAIME MORENO-CASTANEDA,
Defendant - Appellant.
No. 15-10425
D.C. No. 1:11-cr-00442-AWI
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Jaime Moreno-Castaneda appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
being a deported alien found in the United States, in violation of 8 U.S.C.
FILED
JUN 22 2016
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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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§ 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm but
remand to correct the judgment.
Moreno-Castaneda contends that the district court abused its discretion by
electing to run the 46-month sentence consecutive to an undischarged state
sentence. He argues that the resulting sentence is substantively unreasonable in
light of his poor upbringing, history of substance abuse, positive work history, and
efforts to support his American children. The district court did not abuse its
discretion in imposing Moreno-Castaneda’s sentence. See Gall v. United States,
552 U.S. 38, 51 (2007). The 46-month consecutive sentence is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Moreno-Castaneda’s significant criminal history and
the need to protect the public and provide just punishment for the offense. See
U.S.S.G. §§ 2L1.2 cmt. n. 8, 5G1.3(d); Gall, 552 U.S. at 51.
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062
(9th Cir. 2000), we remand this case to the district court with instructions that it
delete from the judgment the reference to section 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 section 1326(b)(2)).
AFFIRMED; REMANDED to correct the judgment.
15-10425 2

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