United States v. Uriel Sanchez

MEMORANDUM

Uriel Sanchez appeals his above-Guidelines sentence for transportation of illegal aliens, 8 U.S.C. § 1324 (a)(l)(A)(ii) and (v)(II). We review for both procedural error and substantive reasonableness under an abuse-of-discretion standard, Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007), and affirm.

Sanchez’s sentence was not based on an impermissible factor. The record demonstrates that the district court considered the proper factors under 18 U.S.C. § 3553 (a) and does not suggest that any impermissible factor affected the sentence. See Gall v. United States, 552 U.S. at 51 , 128 S.Ct. 586 ; United States v. Carty, 520 F.3d 984, 991 (9th Cir.2008) (en banc).

The district court “explain[ed the sentence] sufficiently to permit meaningful appellate review.” Carty, 520 F.3d at 992 . Nor did the court err by considering under section 3553(a) the same conduct that had already enhanced the Guidelines range. See 18 U.S.C. § 3553 (a)(1) (requiring the court to consider the “nature and circumstances of the offense”); Rita v. United States, 551 U.S. 338, 351 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007) (contemplating that the Guidelines sentence…