Pena-Carrillo

United States v. Pena-Carrillo

Good Law
171 F. App'x 29
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 05-30362California465 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-Appellant Guadalupe Pena-Carrillo appeals a 77-month sentence imposed following his guilty plea to one count of illegal re-entry after deportation. See 8 U.S.C. § 1326 . We omit the relevant facts as they are known to the parties.

To the extent Pena-Carrillo argues that the district court erred because it did not recite on the record its analysis of each and every factor under 18 U.S.C. § 3553 (a), this argument is foreclosed by our recent holding in United States v. Knows His Gun, 438 F.3d 913 (9th Cir. 2006). We reject Pena-Carrillo’s argument because the “requirement [that the sentencing court consider the § 3553(a) factors] does not necessitate a specific articulation of each factor separately, but rather a showing that the district court considered the statutorily-designated factors in imposing a sentence.” Id. at 918.

Pena-Carrillo also appears to argue that the district court erred because it failed to “provide a record reflecting that appropriate factors were considered.” *31 Specifically, Pena-Carrillo objects to his sentencing because the district court did not articulate its consideration of the alleged disparity among defendants sentenced in…

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