United States of America v. Rogelio Melendez-Rodriguez, a.k.a. Jose Gonzalez Gonzalez, a.k.a. Rogelio Rodriguez…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGELIO MELENDEZ-RODRIGUEZ,
a.k.a. Jose Gonzalez Gonzalez, a.k.a.
Rogelio Rodriguez Melendez,
Defendant - Appellant.
No. 13-10549
D.C. No. 2:11-cr-00375-KJM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Rogelio Melendez-Rodriguez appeals from the district court’s judgment and
challenges the 37-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. § 1326.
FILED
JUL 29 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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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We have jurisdiction under 28 U.S.C. § 1291. We affirm, but remand to correct
the judgment.
Melendez-Rodriguez contends that his sentence is substantively
unreasonable in light of his mitigating circumstances and the age of his prior
conviction for possession of a controlled substance for sale, which triggered a 12-
level enhancement. The district court did not abuse its discretion in imposing
Melendez-Rodriguez’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence at the bottom of the Guidelines range is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Melendez-Rodriguez’s criminal history and eight
previous deportations. See id.
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062
(9th Cir. 2000), we remand the case to the district court with instructions that it
delete from the judgment the incorrect reference to 8 U.S.C. § 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) in the judgment of
conviction).
AFFIRMED; REMANDED to correct the judgment.
13-10549 2

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