United States of America v. Alfonso Ramirez-Juarez, a.k.a. Jose Guadalupe Figueroa Juarez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ALFONSO RAMIREZ-JUAREZ, a.k.a. Jose
Guadalupe Figueroa Juarez,
Defendant-Appellant.
Nos. 17-10213
17-10214
D.C. Nos. 2:16-cr-01550-GMS
2:16-cr-50270-GMS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
In these consolidated appeals, Alfonso Ramirez-Juarez appeals the 24-month
sentence imposed following his guilty-plea conviction for reentry of a removed
alien, in violation of 8 U.S.C. § 1326, and the 12-month consecutive sentence upon
revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 17-10213 & 17-10214
and we affirm.
Ramirez-Juarez contends that the district court procedurally erred at
sentencing by failing to treat the Guidelines range as a starting point and initial
benchmark in imposing the sentence. According to Ramirez-Juarez, the district
court instead relied on progressive sentencing concerns to impose a term three
months above the high end of the advisory range for his reentry offense. We
disagree. The district court considered and discussed the advisory Guidelines
range, which is just one among the 18 U.S.C. § 3553(a) sentencing factors that are
to be taken into account in arriving at an appropriate sentence. See United States v.
Carty, 520 F.3d 984, 991 (9th Cir. 2008) (en banc). The court then discussed the
other relevant section 3553(a) factors and explained at length the reasons for the
variance and the sentences. The court complied with its procedural obligations.
See Carty, 520 F.3d at 992.
AFFIRMED.

-- 2 of 2 --