United States v. Sergio Montes-Ramirez

FILED NOT FOR PUBLICATION JUN 27 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10684 Plaintiff - Appellee, D.C. No. 4:13-cr-00973-RCC v. MEMORANDUM* SERGIO MONTES-RAMIREZ, a.k.a. Sergio Ramirez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Linda R. Reade, District Judge, Presiding** Submitted June 25, 2014*** Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges. Sergio Montes-Ramirez appeals from the district court’s judgment and challenges the 12-month sentence imposed following his guilty-plea conviction for * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Linda R. Reade, Chief Judge for the Northern District of Iowa, sitting by designation. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Montes-Ramirez contends that the district court procedurally erred by basing his sentence on the clearly erroneous factual determination that his prior conviction was a sexual offense. 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 court expressly declined to characterize Montes-Ramirez’s prior crime as a sexual offense and imposed the sentence on the basis of Montes-Ramirez’s criminal and immigration history. AFFIRMED. 2 13-10684