USA V. BENITO LEDESMA-SANCHEZ, No. 14-10263 (9th Cir. 2015)

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FILED JUN 25 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-10263 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

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