United States v. Aaron Delgado

MEMORANDUM

Aaron Garibay Delgado appeals from the 235-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Delgado contends that the district court committed procedural error by treating the sentencing range calculated by reference to the Career Offender Guideline, U.S.S.G. § 4Bl.l(b)(A), as “virtually mandatory,” by overemphasizing the need for deterrence, and by “failing] to recognize the numerous ways in which courts are permitted to deviate from the career offender guidelines.” The record belies these contentions.

Delgado also argues that his sentence was substantively unreasonable because the district court ignored “the tremendous extent to which [his] priors unreasonably increased [his] advisory Guidelines” and gave “virtually no weight to his personal characteristics and history.” He argues that his sentence was greater than necessary to serve the objectives of 18 U.S.C. § 3553 (a). These contentions…