NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-50016
Plaintiff - Appellee, D.C. No. 2:12-cr-00858-ODW
v.
MEMORANDUM*
JOSE ARNOLDO MORALES
MOSCOSO, a.k.a. Raul Mocoso, a.k.a.
Jose Arnoldo Morales, a.k.a. Raul
Moscoso,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Jose Arnoldo Morales Moscoso appeals from the district court’s judgment
and challenges the 77-month sentence imposed following his guilty-plea
*
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).
conviction for being an illegal alien found in the United States following
deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Morales Moscoso contends that the district court erred by punishing him for
rejecting a fast-track plea agreement and by not mentioning the parsimony
principle found at 18 U.S.C. § 3553(a). We review for plain error, see United
States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none.
The record reflects that the district court properly considered the section 3553(a)
factors, did not give any improper weight to Morales Moscoso’s rejection of the
fast-track plea agreement in selecting the sentence, and adequately explained its
reasons for the sentence. See United States v. Rodriguez-Castro, 641 F.3d 1189,
1194 (9th Cir. 2011) (“[T]he district court is not required to . . . use specific
phrases during the sentencing process.”).
Morales Moscoso also contends that his sentence is substantively
unreasonable because it is greater than necessary. The district court did not abuse
its discretion in imposing the sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence at the low end of the Guidelines range is substantively
reasonable in light of the section 3553(a) factors and the totality of the
2 13-50016
circumstances, including Morales Moscoso’s extensive criminal history and his
three prior deportations. See id.
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1063
(9th Cir. 2000), we remand this case to the district court with instructions that it
delete from the judgment the reference to 8 U.S.C. § 1326(b)(2).
AFFIRMED; REMANDED to correct the judgment.
3 13-50016