Martinez-Servin

United States v. Martinez-Servin

Good Law
152 F. App'x 658
United States Court of Appeals for the Ninth CircuitNovember 2, 2005No. 04-30550California244 words

Opinion

Lead Opinion

MEMORANDUM ***

Sergio Martinez-Servin appeals his sentence on two grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*659 The Government provided a record to the district court that was insufficient to support the § 2L1.2(b)(l)(A) enhancement. 1 However, because Martinez-Servin did not object to the district court’s imposition of the enhancement before that court, he must show not only that plain error occurred but that it affected his substantial rights. 2 He has not satisfied that burden. Accordingly, the panel affirms as to the first issue.

The transcript makes it clear that the district court considered all the relevant sentencing factors mandated by 18 U.S.C. § 3558 , not merely the sentencing guidelines. Accordingly, the panel affirms as to the second issue as well.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the *659 courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. See United States v. Mobriga, 408 F.3d 1178 , 1182 n. 4 (9th Cir.2005) (explaining that judicially noticeable facts, which do not include a defendant’s admissions before the sentencing court, must support a…

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