United States of America v. Sijifredo Delgadillo-Ramirez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SIJIFREDO DELGADILLO-RAMIREZ,
Defendant - Appellant.
No. 14-50437
D.C. No. 3:14-cr-01522-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Sijifredo Delgadillo-Ramirez appeals from the district court’s judgment and
challenges the 24-month custodial sentence and three-year term of supervised
release imposed following his guilty-plea conviction for being a removed alien
found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction
FILED
JUN 26 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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under 28 U.S.C. § 1291, and we affirm.
Delgadillo-Ramirez contends that the 24-month custodial sentence is
substantively unreasonable in light of the circumstances of the offense and the
alleged staleness of his criminal history. The district court did not abuse its
discretion in imposing Delgadillo-Ramirez’s sentence. See Gall v. United States,
552 U.S. 38, 51 (2007). The below-Guidelines sentence is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Delgadillo-Ramirez’s violent criminal history. See
Gall, 552 U.S. at 51.
Delgadillo-Ramirez also contends that the three-year term of supervised
release is substantively unreasonable. The district court did not abuse its discretion
in imposing Delgadillo-Ramirez’s term of supervised release as an added measure
of deterrence in light of his criminal and immigration history. See U.S.S.G.
§ 5D1.1 cmt. n.5; United States v. Valdavinos-Torres, 704 F.3d 679, 692-93 (9th
Cir. 2012).
AFFIRMED.
14-50437 2

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