Sanchez-Luna

United States v. Sanchez-Luna

Good Law
122 F. App'x 338
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 04-30282; D.C. No. CR-99-02007-FVSCalifornia260 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Sanchez-Luna, a federal prisoner, appeals the district court’s imposition of a 24-month term of imprisonment upon the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 . We review the deviation from Chapter 7 policy statements for abuse of discretion, see United States v. Musa, 220 F.3d 1096, 1100 (9th Cir.2000), and we affirm.

Mr. Sanchez-Luna first contends that the district court did not consider the Chapter 7 policy statements when it sentenced him outside the range. We disagree. The record reveals that the district court did in fact consider the range outlined in the Chapter 7 policy statements, *339 but chose to reject them upon its finding that Mr. Sanchez-Luna was a danger to community. See United States v. Tadeo, 222 F.3d 623, 625 (9th Cir.2000).

Mr. Sanchez-Luna next contends that the district court also abused its discretion in finding him a “dangerous person to the welfare of the society and community.” Again, we disagree. Because this finding was based on Mr. Sanchez-Luna’s prior convictions, including a manslaughter conviction and recent firearms convictions, the district court did not abuse its discretion in…

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