United States v. Oseguera-Madrigal, No. 11-30360 (9th Cir. 2012)
Annotate this CaseDefendant appealed his conviction and sentence on a conditional guilty plea for being an alien found in the United States following deportation. The court affirmed the conviction and sentence, holding that the BIA did not err in finding defendant removeable based on his conviction for use of drug paraphernalia, which was a conviction "relating to a controlled substance" under 8 U.S.C. 1182(a)(2)(A)(i)(II). The court held that the IJ did not violate due process by failing to inform defendant of the possibility of relief through a waiver of inadmissibility under section 1182(h). The court rejected defendant's contention that the district court abused its discretion and imposed a substantively unreasonable sentence.
Court Description: Criminal Law. The panel affirmed a conviction and sentence for being an alien found in the United States following deportation in a case in which the defendant collaterally attacked his underlying removal order. The panel held that the Board of Immigration Appeals did not err in finding the defendant removable based on his conviction under Wash. Rev. Code § 69.50.412 for use of drug paraphernalia, which was a conviction “relating to a controlled substance” under 8 U.S.C. § 1182(a)(2)(A)(i)(II). The panel held that the immigration judge did not violate due process by failing to inform the defendant of the possibility of relief through a waiver of inadmissibility under 8 U.S.C. § 1182(h), where the defendant was plainly ineligible for the waiver because the paraphernalia he was convicted of using was related to cocaine, not marijuana. The panel rejected the defendant’s contention that the district court abused its discretion and imposed a substantively unreasonable sentence when it granted “only” a six-month downward variance from the Sentencing Guidelines range.
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