United States of America v. JOSE ESCOBAR-ESCOBAR, AKA Jesus Escobar-Escobar, AKA Jesus Escobar- Hernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE ESCOBAR-ESCOBAR, AKA Jesus
Escobar-Escobar, AKA Jesus Escobar-
Hernandez,
Defendant - Appellant.
No. 14-50021
D.C. No. 3:13-cr-03794-LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted March 2, 2015 **
Pasadena California
Before: PREGERSON, FERNANDEZ, and NGUYEN, Circuit Judges.
Jose Escobar-Escobar appeals the sentence imposed by the district court
following a conviction for a violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291. We vacate the sentence and remand for resentencing.
FILED
MAR 06 2015
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).

-- 1 of 2 --

In imposing a high-end sentence of 16 months, the district court stated that
“as part of [his] thinking in this case,” he considered the costs to the taxpayers in
providing Escobar with legal representation, court process, and incarceration. A
district court, however, may not consider cost as a sentencing factor. See United
States v. Tapia-Romero, 523 F.3d 1125, 1127 (9th Cir. 2008) (stating that
§ 3553(a) “neither requires, nor allows, a court to consider the cost of
imprisonment in determining the appropriate length of a defendant’s term of
imprisonment”).
VACATED AND REMANDED.

-- 2 of 2 --