United States v. Benito Ledesma-Sanchez

FILED NOT FOR PUBLICATION JUN 25 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10263 Plaintiff - Appellee, D.C. No. 4:13-cr-00591-RCC v. MEMORANDUM* BENITO LEDESMA-SANCHEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, Chief Judge, Presiding Submitted June 22, 2015** Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges. Benito Ledesma-Sanchez appeals from the 64-month sentence imposed upon remand for resentencing following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Ledesma-Sanchez contends that the district court violated Federal Rule of Criminal Procedure 32(i)(3)(B) by failing to make an express ruling about whether he had a prior conviction for robbery that would support a 16-level enhancement. The district court expressly determined that the 16-level enhancement validly applied. Accordingly, the court satisfied the requirements of Rule 32. See Fed. R. Crim. P. 32(i)(3)(B). AFFIRMED. 2 14-10263