United States Ninth Circuit

Defendant's conviction and sentence for illegal reentry following deportation in a case in which defendant collaterally attacked his underlying removal order are affirmed where: 1) the BIA did not err in finding the defendant removable based on his conviction for use of a drug paraphernalia, which was a conviction "relating to a controlled substance"; 2) the IJ 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. section 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; and 3) defendant's claim that the district court abused its discretion and imposed substantively unreasonable sentence when it granted "only" a six-month downward variance from the Sentencing Guidelines range is without merit.

Appellate Information

• Decided 11/19/2012
• Published 11/19/2012

Judges

• Tashima

Court

• United States Ninth Circuit

Counsel