Unpublished Disposition, 844 F.2d 792 (9th Cir. 1988)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 844 F.2d 792 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.Felipe HERNANDEZ-GARCIA, aka: Felipe Garcia-Sanchez,Antonio Chavez-Hernandez, Felipe Hernandez, FelipeHernandez-Hernandez, Filipe Robles-Hernandez, PhillipHernandez-Rhobles, Phillip Hernandez, FelipeRobles-Hernandez, Jose Hernandez-Garcia, FelipeHernandez-Ramos, Felipe Sanchez-Garcia, FelipeRamos-Hernandez, Felipe Jesus Ramos-Bueno, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted March 21, 1988.* Decided April 5, 1988.

Before CHOY, TANG and O'SCANNLAIN, Circuit Judges.


MEMORANDUM** 

Hernandez-Garcia appeals the district court's imposition of a $2,500 fine following his conviction for felony illegal reentry after deportation. We affirm.

FACTS AND PROCEEDINGS

Hernandez-Garcia, a deported alien, was arrested after illegally reentering the United States. After pleading guilty, the district court sentenced him to two years imprisonment and a $250,000 fine. The prison term and the fine were within the limit of 18 U.S.C. §§ 1236 and 3623, respectively. Hernandez-Garcia then filed a motion to correct an illegal sentence pursuant to Fed. R. Crim. P. 35(a). After a hearing, the court reduced the fine to $2,500. Hernandez-Garcia timely appeals.

DISCUSSION

Hernandez-Garcia contends that the district court abused its discretion by failing to consider any of the factors enumerated in 18 U.S.C. § 3622 when assessing a $2,500 fine against him. We disagree.

Here, because the record indicates that the judge did consider several of the factors specified in section 3622 when he assessed the $2,500 fine, we find no abuse of discretion.

AFFIRMED.

 *

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 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 Ninth Circuit Rule 36-3