United States v. Wilson Martinez

MEMORANDUM

Wilson Erick Martinez appeals from the 37-month sentence imposed following his guilty plea conviction for illegal reentry following deportation. 8 U.S.C. § 1326 . We have jurisdiction over Martinez’s timely-filed appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Martinez contends that the district court abused its discretion by refusing to accept the parties’ binding plea agreement and committed plain error by failing to articulate case-specific reasons for rejecting the bargained-for sentence of 30 months and imposing instead a 37-month sentence. The parties anticipated that Martinez would be in a criminal history category of III and an offense level of 17, generating a Guidelines sentence of 30 to 37 months. They effectively stipulated to a low-end sentence of 30 months, but the court sentenced at the high end-37 months. We conclude that the district court did not abuse its discretion. See In re Morgan, 506 F.3d 705, 711-12 (9th Cir.2007).

Martinez argues that the sentence is unreasonable because the district court failed to adequately consider and address the § 3553(a) factors and disregarded his evidence that numerous fast track plea…