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U.S. v. Ruiz-Estrada

United States Court of Appeals, Ninth Circuit
Mar 21, 2007
225 F. App'x 645 (9th Cir. 2007)

Opinion

No. 06-50450.

Submitted March 12, 2007.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed March 21, 2007.

Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Timothy R. Garrison, Federal Defenders Of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, Gordon Thompson, Senior District Judge, Presiding. D.C. No. CR-06-00571-GT.

Before: KOZINSKI, LEAVY, and BYBEE, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Victor Manuel Ruiz-Estrada appeals from the 24-month sentence following his guilty-plea conviction of bringing an illegal alien into the United States without presentation and aiding and abetting, in violation of 8 U.S.C. § 1324(a)(2)(B)(iii) and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ruiz-Estrada challenges the district court's application of a two-level upward adjustment under U.S.S.G. § 3B1.4 for the use or attempted use of a minor to commit the crime of alien smuggling. We cannot say that the district court clearly erred in finding the enhancement. The district court found that Ruiz-Estrada, who falsely claimed U.S. citizenship at the primary inspection, was attempting to use his U.S. citizen children to avoid detection. The court noted that Ruiz-Estrada had twice previously been arrested for alien smuggling with some of his children in the car. See United States v. Castro-Hernandez, 258 F.3d 1057, 1059-60 (9th Cir. 2001).

Ruiz-Estrada also contends that he is entitled to resentencing because the district court gave the sentencing guidelines presumptive weight in violation of United States v. Zavala, 443 F.3d 1165, 1170-71 (9th Cir. 2006), en banc reh'g granted, 462 F.3d 1066 (2006). Even if we assume that it is improper for a district court to treat the guidelines sentencing range as the presumptive sentence, Ruiz-Estrada is not entitled to any relief. The record in this case shows that the district court did not treat the guidelines range as the presumptive sentence.

Ruiz-Estrada's second motion to file a late reply brief is denied.

AFFIRMED.


Summaries of

U.S. v. Ruiz-Estrada

United States Court of Appeals, Ninth Circuit
Mar 21, 2007
225 F. App'x 645 (9th Cir. 2007)
Case details for

U.S. v. Ruiz-Estrada

Case Details

Full title:UNITED STATES of America, Plaintiff — Appellee, v. Victor Manuel…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 21, 2007

Citations

225 F. App'x 645 (9th Cir. 2007)

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