Ventura

United States v. Ventura

Good Law
164 F. App'x 600
United States Court of Appeals for the Ninth CircuitJanuary 24, 2006No. 05-50281California646 words

Opinion

Lead Opinion

MEMORANDUM **

The United States appeals the district court’s sentence of Guadalupe Ventura claiming that the district court failed to comply with Fed.R.Crim.P. 32(i)(3)(B) by not resolving factual disputes regarding the Presentence Report (PSR) relevant to determining the accurate Sentencing Guideline range. In the alternative, the government argues that the imposed sentence was unreasonable because it departed from the calculation of the Guideline range without explanation.

Ventura pled guilty to possessing stolen mail in violation of 18 U.S.C. § 1708 . The PSR did not recommend an enhancement for amount of loss. Combined with a recommended Criminal History category of III, therefore, the PSR recommended a Guideline range of 10 to 16 months. The defendant objected to the Criminal History category of III and argued that the court should find a Criminal History category of II based on the relatedness of her prior convictions. Furthermore, the government objected to the Probation Office’s failure to recommend an offense level increase for amount of loss. According to the government, therefore, the accurate Guideline range was 57 to 71 months.

At the sentencing hearing, the…

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