United States v. Magana-Ramirez

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 29 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-4284 D.C. No. Plaintiff - Appellee, 2:20-cr-00092-JCC-3 v. MEMORANDUM* LUIS ARTURO MAGANA- RAMIREZ, AKA Guero, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding Submitted November 20, 2024** Before: CANBY, TALLMAN, and CLIFTON, Circuit Judges. Luis Arturo Magana-Ramirez appeals from the district court’s judgment and challenges the 204-month sentence imposed following his guilty-plea conviction for conspiracy to distribute controlled substances, in violation of 21 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). §§ 841(a)(1), (b)(1)(A) and 846, and being an illegal alien in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(5)(A). The district court imposed concurrent sentences of 204 months’ imprisonment and 5 years’ supervised release on each count. As the parties agree, that sentence exceeds the statutory maximum applicable to the § 922(g)(5)(A) count. Accordingly, we vacate the custodial sentence and supervised release term on the § 922(g)(5)(A) count and remand for the district court to enter an amended judgment imposing a sentence at or below the applicable statutory maximum for that count. Contrary to Magana-Ramirez’s argument, there is no cause to vacate the statutorily authorized 204-month custodial sentence and 5-year supervised release term on the drug count, which is the sentence the court intended to impose on that count. See United States v. Halamek, 5 F.4th 1081, 1091 (9th Cir. 2021). VACATED in part and REMANDED. 2 23-4284