United States v. Francisco Gastelum-Campa

Good Law
588 F. App'x 646
United States Court of Appeals for the Ninth CircuitDecember 16, 201414-50308California306 words

Opinion

Opinion

MEMORANDUM

Francisco Gastelum-Campa appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for making a false claim to United States citizenship, in violation of 18 U.S.C. § 911 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gastelum-Campa contends that the district court procedurally erred by failing to provide a sufficient explanation for the sentence imposed. Specifically, he argues that the district court failed to (1) explain why it rejected his argument that the mitigating factors justified a sentence of time served, (2) explain why the Guidelines range was inadequate, and (3) provide a meaningful justification for the extent of the variance imposed. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record reflects that the district court adequately explained the sentence, including its reasons for rejecting Gastelum-Campa’s arguments in support of a within-Guidelines sentence and for imposing an above-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Gastelum-Campa also…

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