Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
United States v. Martinez-Almaguer
Citation: 249 F. App'x 622Docket: No. 05-50592
Court: Court of Appeals for the Ninth Circuit; October 1, 2007; Federal Appellate Court
Raul Martinez-Almaguer's appeal against his 41-month prison sentence and three-year supervised release for illegal reentry under 8 U.S.C. §§ 1326(a) and (b)(2) has been affirmed by the court. The court maintains jurisdiction under 28 U.S.C. § 1291. The appeal is considered non-moot despite Martinez-Almaguer's estimated release date having passed, as he is still subject to a term of supervised release, which can be modified by the district court. Martinez-Almaguer contends that the district court improperly enhanced his sentence based on a subsequent deportation, arguing a lack of admission or jury finding regarding the timing of the deportation relative to his prior aggravated felony conviction. However, the court found overwhelming and uncontested evidence of his deportation after the felony conviction, making any potential error harmless. The district court appropriately applied the sentencing guidelines, considered Martinez-Almaguer’s personal history, and accounted for the § 3553(a) factors, leading to a reasonable sentencing decision as per United States v. Booker. The ruling emphasizes that the district court's decisions were justified, and the appeal was ultimately denied, affirming the original sentence. This disposition is not intended for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.