Lopez-Patino

United States v. Lopez-Patino

Good Law
175 F. App'x 838
United States Court of Appeals for the Ninth CircuitMarch 31, 2006No. 05-10252California550 words

Opinion

Lead Opinion

MEMORANDUM *

Roberto Lopez-Patino (“Lopez-Patino”) appeals his conviction and sentence for illegal reentry into the United States after removal in violation of 8 U.S.C. § 1326 . We affirm.

The district court did not err in articulating its analysis of the 18 U.S.C. § 3553 (a) sentencing factors. Although, post -Booker, district courts are required to consider the factors found in § 3553(a), this does not necessitate a specific articulation of each factor separately, but instead calls for a showing that the district court considered the statutorily-designated factors in imposing the sentence. United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.2006). The record demon *840 states that the district court sufficiently considered the § 3553(a) factors in imposing Lopez-Patino’s sentence.

Lopez-Patino also argues that, in light of Booker, the district court is free to grant the additional one-level downward departure for acceptance of responsibility found in U.S.S.G. § 3El.l(b) without the requisite motion from the government. However, at least one of our sister circuits has explicitly refused to extend the central holding of Booker to § 3E1.1(b). See United States v. Smith,…

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