Legal Opinion

United States v. Javier Uribe

Court of Appeals for the Ninth Circuit

Decided March 5, 2015No. 13-50402Unpublished

1Opinion of the Court

MEMORANDUM **

Javier Uribe appeals the district court’s imposition of a 30-month sentence following his guilty plea to violating 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm.

1.Reviewing de novo, United States v. Kiefer, 760 F.3d 926, 929 (9th Cir.2014), we conclude that the district court did not err in calculating the applicable 18-24 month Guidelines range. The court properly increased Uribe’s offense level based on a 1991 aggravated felony conviction for receiving stolen property, despite the conviction’s age. See U.S.S.G. §…

2Cases cited7 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Alleyne v. United StatesSupreme Court of the United States · 2013
  3. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. Hugo Gutierrez-SanchezCourt of Appeals for the Ninth Circuit · 2009
  5. United States v. EllisCourt of Appeals for the Ninth Circuit · 2011

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