United States of America v. Hector Murcia Ramirez, a.k.a. Hector Murica Ramirez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HECTOR MURCIA RAMIREZ, a.k.a.
Hector Murica Ramirez,
Defendant - Appellant.
No. 14-50389
D.C. No. 8:14-cr-00050-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Josephine L. Staton, District Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Hector Murcia Ramirez appeals from the district court’s judgment and
challenges the 37-month sentence imposed following his guilty-plea conviction for
being an illegal alien found in the United States following deportation, in violation
FILED
OCT 19 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).

-- 1 of 2 --

of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm
but remand with instructions to the district court to correct the judgment.
Ramirez argues that his sentence is substantively unreasonable in light of his
alleged cultural assimilation, and because his prior conviction for drug trafficking,
which triggered a 16-level sentencing enhancement, is “relatively non-serious” and
stale. The district court did not abuse its discretion in imposing 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 Ramirez’s
criminal and immigration history. See Gall, 552 U.S. at 51.
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 reference to section 1326(b)(2).
AFFIRMED; REMANDED to correct the judgment.
14-50389 2

-- 2 of 2 --