United States v. Luis Gonzalez

MEMORANDUM

Luis Alberto Gonzalez (“Gonzalez”) appeals for the second time his 96-month sentence imposed for conspiracy to commit wire fraud and wire fraud, arising out of a car insurance scam he participated in with his wife, Katherine Paiz (“Paiz”). In a prior appeal, this court affirmed his conviction but remanded for resentencing because the district court had procedurally erred in its calculation of the Sentencing Guidelines by imposing two insufficiently supported enhancements. On remand, the district court accepted the lower Guideline range as correct, but nonetheless imposed the identical 96-month sentence, relying on the sentencing factors set forth in 18 U.S.C. § 3553 (a). We affirm.

The district court did not imper-missibly punish Gonzalez for exercising his constitutional right to trial. The court did not express any indication that it was punishing Gonzalez for putting the government to its proof versus pleading guilty. Cf. United States v. Medina-Cervantes, 690 F.2d 715, 716 (9th Cir.1982). Rather, the principal concern voiced by the district court was with Gonzalez’s last-minute decision to disavow his earlier confession and blame his wife for the crime, in…