USA V. ERNESTO CASILLAS-PEREZ, No. 16-50109 (9th Cir. 2017)
Annotate this Case
Download PDF
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 19 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 16-50109 D.C. No. 3:15-cr-02489-MMA v. MEMORANDUM * ERNESTO CASILLAS-PEREZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Ernesto Casillas-Perez appeals from the district court’s judgment and challenges the 41-month sentence 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 under 28 U.S.C. § 1291, and we affirm. * 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). Casillas-Perez contends that the district court procedurally erred by basing his sentence on the erroneous belief that he was on supervised release at the time of the offense. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude there was none. Contrary to Casillas-Perez’s contention, the court’s mention of his breach of the court’s trust does not reflect that the court believed that he was on supervised release. In any event, Casillas-Perez has not shown that any error affected his substantial rights. See United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir. 2008). AFFIRMED. 2 16-50109
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
