Maldonado-Gutierrez

United States v. Maldonado-Gutierrez

Good Law
175 F. App'x 795
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 05-50058California294 words

Opinion

Lead Opinion

MEMORANDUM **

Omar Maldonado-Gutierrez challenges the reasonableness of his sentence under United States v. Booker, 543 U.S. 220 , 125 *796 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We affirm the sentence.

Under Booker , the United States Sentencing Guidelines are advisory but must be considered by the district court, along with the other factors set forth in 18 U.S.C. § 3553 (a), in imposing a sentence. See Booker, 543 U.S. at 259-60 , 125 S.Ct. 738 . The record clearly demonstrates that the district court recognized the advisory nature of the Guidelines. Furthermore, the district court explicitly and sufficiently took into account both the Guidelines and the requirements of § 3553(a) to impose a sentence that was sufficient but not excessive. See United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.2006) (“[Booker' s] requirement does not necessitate a specific articulation of each [§ 3553(a) ] factor separately, but rather a showing that the district court considered the statutorily-designated factors in imposing a sentence.”). The sentence imposed was in the center of the Guidelines range and was calculated in accordance with the contingency provisions of the defendant’s…

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