Barrientos-Maldonado
United States v. Barrientos-Maldonado
Opinion
Lead Opinion
*830 MEMORANDUM **
Jesus Barrientos-Maldonado appeals the district court’s sentence of fifty-seven months of imprisonment and three years of supervised release for Unlawful Reentry by a Deported, Removed and/or Excluded Alien in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
Post-Booker, we review a sentence for “unreasonableness.” United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738, 765-66 , 160 L.Ed.2d 621 (2005). We review the constitutionality of a sentence de novo. United States v. Leon H., 365 F.3d 750, 752 (9th Cir.2004).
Barrientos-Maldonado argues that the district court did not consider the factors set out in 18 U.S.C. § 3553 and that his sentence was unreasonable under Booker . However, at sentencing the district court explicitly stated that it had considered the statutory factors. Barrientos-Maldonado does not contest his prior aggravated felony conviction for Possession with Intent to Manufacture or Deliver Heroin or his related deportation. Under 8 U.S.C. § 1326 (b)(2), this prior conviction and deportation authorize a statutory maximum term of imprisonment of twenty years. Given the district court’s recognition of…