United States v. Pablo Martinez-Gutierrez

MEMORANDUM

Pablo Martinez-Gutierrez appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Martinez-Gutierrez contends that the district court erred by considering his pri- or sentences when determining his sentence in the instant case. The district court did not err. The sentences for Martinez-Gutierrez’s prior § 1326 convictions are part of his history and characteristics and are relevant to choosing a sentence that will adequately deter future criminal conduct. The defendant’s history and characteristics and the need for the sentence to provide adequate deterrence are amongst the 18 U.S.C. § 3553 (a) factors a court is to consider when determining the appropriate sentence. See 18 U.S.C. § 3553 (a)(1), (a)(2); United States v. Carty, 520 F.3d 984, 991 (9th Cir.2008) (en banc). Thus, it is permissible for a court to consider whether a previous sentence provided sufficient deterrence when determining the sentence for a new offense. See United States v.…