FILED
NOT FOR PUBLICATION JAN 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50416
Plaintiff - Appellee, D.C. No. 2:08-cr-01056-SJO
v.
MEMORANDUM *
SALVADOR VASQUEZ-CHAVEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Salvador Vasquez-Chavez appeals from the 77-month sentence imposed
following his guilty-plea conviction for attempting to pass counterfeit security of
the United States with intent to defraud, in violation of 18 U.S.C. § 472, and being
an illegal alien found in the United States following deportation, in violation of 8
*
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).
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We affirm, but
remand to correct the judgment.
Vasquez-Chavez contends his sentence is substantively unreasonable in light
of the mitigating factors he presented regarding his criminal history and personal
characteristics. In light of the totality of the circumstances and the 18 U.S.C.
§ 3553(a) sentencing factors, Vasquez-Chavez’s sentence at the bottom of the
Guidelines range is substantively reasonable. See United States v. Carty, 520 F.3d
984, 991-93 (9th Cir. 2008) (en banc). Moreover, the district court did not
procedurally err. 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 section 1326(b). 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)).
AFFIRMED; REMANDED to correct judgment.
2 09-50416