United States of America, Plaintiff-appellee, v. Cecilio Alonzo Dagnino-inzunza, Defendant-appellant, 124 F.3d 213 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 124 F.3d 213 (9th Cir. 1997) Submitted September 8, 1997. **September 15, 1997

Appeal from the United States District Court for the Eastern District of California, No. CR-96-00561-GEB; Garland E. Burrell, District Judge, Presiding.

Before: HALL, BRUNETTI, and THOMAS, Circuit Judges.

MEMORANDUM* 

Cecilio Alonzo Dagnino-Inzunza appeals his 70-month sentence imposed after his guilty plea to being a deported felon found in the United States in violation of 8 U.S.C. § 1326(b) (1). Dagnino-Inzunza contends that the district court violated 18 U.S.C. § 3553(c) (1) by failing to state its reasons for imposing an additional 36-month term of supervised release, which is at the high end of the guidelines range of 24 to 36 months (U.S.S.G. § 5D1.2). The district court imposed the 36-month term after first mistakenly imposing a 12-month term. Section 3553(c) only applies however, when the guideline range exceeds twenty-four months. See United States v. Howard, 894 F.2d 1085, 1092 (9th Cir. 1990). Here the applicable guideline range was twenty-four to thirty-six months, a span of only twelve months. Accordingly, section 3553 does not apply.

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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