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No. 8646554
United States Court of Appeals for the Ninth Circuit
United States v. Morales-Perez
No. 8646554 · Decided December 28, 2007
No. 8646554·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 28, 2007
Citation
No. 8646554
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Rodrigo Alejandro Morales-Perez appeals from the 70-month sentence imposed upon remand, following his guilty-plea conviction for unlawful reentry of a deported *969 alien, in violation of 8 U.S.C. § 1826 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Morales-Perez contends that the district court erred by conducting a limited resentencing hearing upon remand rather than a full resentencing hearing pursuant to this court’s order. We conclude that the district court did not fail to follow this court’s order on remand. The district court conducted a resentencing hearing which included allocution by counsel and at which Morales-Perez was present and afforded an opportunity to address the court. See United States v. Perez, 475 F.3d 1110, 1114 (9th Cir.2007). Because the district court correctly calculated the Guidelines range and took into account the relevant sentencing factors, and because the sentence imposed was not unreasonable, we affirm. See Gall v. United States, — U.S. -, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Cantrell, 433 F.3d 1269, 1279-80 (9th Cir.2006); United States v. Plouffe, 445 F.3d 1126, 1131-32 (9th Cir.), cert. denied, 547 U.S. 1158 , 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Rodrigo Alejandro Morales-Perez appeals from the 70-month sentence imposed upon remand, following his guilty-plea conviction for unlawful reentry of a deported *969 alien, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Rodrigo Alejandro Morales-Perez appeals from the 70-month sentence imposed upon remand, following his guilty-plea conviction for unlawful reentry of a deported *969 alien, in violation of 8 U.S.C.
02Morales-Perez contends that the district court erred by conducting a limited resentencing hearing upon remand rather than a full resentencing hearing pursuant to this court’s order.
03We conclude that the district court did not fail to follow this court’s order on remand.
04The district court conducted a resentencing hearing which included allocution by counsel and at which Morales-Perez was present and afforded an opportunity to address the court.
Frequently Asked Questions
MEMORANDUM ** Rodrigo Alejandro Morales-Perez appeals from the 70-month sentence imposed upon remand, following his guilty-plea conviction for unlawful reentry of a deported *969 alien, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Morales-Perez in the current circuit citation data.
This case was decided on December 28, 2007.
Use the citation No. 8646554 and verify it against the official reporter before filing.