Guerrero
United States v. Guerrero
Opinion
Opinion
facts. Because Guerrero did not raise these claims below, we review for plain
error. See United States v. Christensen, 732 F.3d 1094, 1101 (9th Cir. 2013).
The district court did not plainly err. The record reflects that the court did
not impose or lengthen Guerrero’s sentence to promote his rehabilitation. See
Tapia v. United States, 564 U.S. 319, 334 (2011) (“A court commits no error by
discussing the opportunities for rehabilitation within prison[.]”). Moreover, the
court considered Guerrero’s mitigating arguments and explained in detail why it
did not believe they supported a shorter sentence. Finally, Guerrero has not shown
any clear error in the court’s factual findings at sentencing, see United States v.
Asagba, 77 F.3d 324, 325-26 (9th Cir. 1996), or a “reasonable probability” that the
court would have imposed a lower sentence absent any of the alleged procedural
errors, see United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008).
Guerrero also argues that his above-Guidelines sentence is substantively
unreasonable because it creates a sentencing disparity with other similarly situated
defendants and because the district court placed too much weight on…