Martinez-Rosales

United States v. Martinez-Rosales

Good Law
164 F. App'x 618
United States Court of Appeals for the Ninth CircuitJanuary 25, 2006No. 05-30385California357 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Roberto Martinez-Rosales was charged with and pleaded guilty to illegal reentry of a previously deported alien in violation of 8 U.S.C. § 1326 (a). Martinez-Rosales was sentenced to an 18-month term of imprisonment followed by two years of supervised release, and appeals the reasonableness of that sentence under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738, 765-66 , 160 L.Ed.2d 621 (2005).

*619 Martinez-Rosales claims that the sentence imposed by Judge Haddon was unreasonable in light of the preamble to 18 U.S.C. § 3553 (a), which provides that the sentence is to be “sufficient, but not greater than necessary.” This claim is unpersuasive because Judge Haddon properly considered the applicable section 3553(a) factors in determining Martinez-Rosales’ sentence. Section 3553(a)’s preamble is accomplished by consideration of those factors.

Next, Martinez-Rosales asserts that “[w]hile the district court reviewed each of the four (4) purposes of sentencing set forth in 18 U.S.C. § 3553 (a)(2), it nevertheless failed to specifically address each factor as it related to Mr. Martinez-Rosales.” This assertion is also unpersuasive because three of the four…

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