USA v. Roberto Oliver-Guzman, No. 09-50669 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED JAN 05 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-50669 D.C. No. 3:09-cr-00866-JAH v. MEMORANDUM * ROBERTO OLIVER-GUZMAN, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges. Roberto Oliver-Guzman appeals from the 65-month sentence imposed following his guilty-plea conviction for being a deported 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 vacate and remand. * 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). Oliver-Guzman contends that the district court procedurally erred when it did not consider his policy arguments against the 16-level enhancement under U.S.S.G. § 2L1.2. The record indicates that the district court mistakenly believed that it did not have the authority to reject the 16-level enhancement on policy grounds. See Spears v. United States, 129 S.Ct. 840, 843-44 (2009) (per curiam); United States v. Williams, 624 F.3d 1023, 1028 (9th Cir. 2010) ( [D]istrict judges are at liberty to reject any Guideline on policy grounds . . . . ). We vacate and remand for resentencing. See Moore v. United States, 129 S.Ct. 4, 5 (2008) (per curiam). VACATED and REMANDED. 2 09-50669

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.