USA V. JOSE PADILLA-MEDINA, No. 14-50364 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION SEP 1 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. U.S. COURT OF APPEALS No. 14-50364 D.C. No. 3:14-cr-00259-JLS MEMORANDUM* JOSE LUIS PADILLA-MEDINA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted August 25, 2015** Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges. Jose Luis Padilla-Medina appeals from the district court’s judgment and challenges the 30-month aggregate sentence imposed following his guilty-plea conviction for two counts of improper entry by an alien, in violation of 8 U.S.C. § 1325. 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). Padilla-Medina contends that the district court procedurally erred by manipulating the Guidelines calculation in order to impose a pre-determined sentence. We review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008), and find none. Padilla-Medina has not shown a reasonable probability that he would have received a different sentence absent the alleged error. See id. at 762. AFFIRMED. 2 14-50364

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