United States of America v. Benito Ledesma-Sanchez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BENITO LEDESMA-SANCHEZ,
Defendant - Appellant.
No. 14-10263
D.C. No. 4:13-cr-00591-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Benito Ledesma-Sanchez appeals from the 64-month sentence imposed upon
remand for resentencing following his guilty-plea conviction for reentry after
deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
JUN 25 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).

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Ledesma-Sanchez contends that the district court violated Federal Rule of
Criminal Procedure 32(i)(3)(B) by failing to make an express ruling about whether
he had a prior conviction for robbery that would support a 16-level enhancement.
The district court expressly determined that the 16-level enhancement validly
applied. Accordingly, the court satisfied the requirements of Rule 32. See Fed. R.
Crim. P. 32(i)(3)(B).
AFFIRMED.
14-10263 2

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