United States of America v. Valentino Corona-Tamiriz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VALENTINO CORONA-TAMIRIZ,
Defendant - Appellant.
No. 15-50176
D.C. No. 3:15-cr-00236-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Valentino Corona-Tamiriz appeals from the district court’s judgment and
challenges the 12-month sentence imposed following his guilty-plea conviction for
being a removed alien found in the United States, in violation of 8 U.S.C. § 1326.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
JAN 25 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 15-50176
Corona-Tamiriz contends that the district court procedurally erred by relying
on the erroneous fact that he previously received a fast-track departure under
U.S.S.G. § 5K3.1. We review for plain error, see United States v. Christensen,
732 F.3d 1094, 1100 (9th Cir. 2013), and find none. Corona-Tamiriz has not
shown that the district court relied on any clearly erroneous fact in determining the
sentence. See id. at 1103. Rather, the record reflects that the district court
correctly observed that Corona-Tamiriz previously pleaded guilty to misdemeanor
unlawful reentry, in violation of 8 U.S.C. § 1325, in exchange for the
government’s dismissal of a felony unlawful reentry charge. Moreover, contrary
to Corona-Tamiriz’s contention, the within-Guidelines sentence is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Corona-Tamiriz’s criminal and immigration history.
See Gall v. United States, 552 U.S. 38, 51 (2007).
Corona-Tamiriz’s motion to strike is granted. The Clerk shall strike the
excerpts of record submitted on December 29, 2015.
AFFIRMED.

-- 2 of 2 --