Evenilso-Cruz

MEMORANDUM ***

After being convicted of second-degree criminal sexual assault, Evenilso-Cruz was *873 removed from the United States in 2004. He subsequently returned to the United States and was convicted of illegal reentry under 8 U.S.C. § 1326 . On June 14, 2005, the district court considered many mitigating factors and ultimately sentenced Evenilso-Cruz to thirty months in custody and three years of supervised release. Evenilso-Cruz appealed his sentence.

After United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), this Court reviews a district court’s sentence for “unreasonableness.” United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006). Congress enumerated seven factors, in 18 U.S.C. § 3553 (a), which a court is to consider when determining the reasonableness of a sentence. The district court in this case expressly considered all seven factors when imposing EvenilsoCruz’s sentence. Nevertheless, EvenilsoCruz argues that his sentence is unreasonable because the district court failed to exercise its discretion and simply sentenced him as it would have under the pre Booker, mandatory sentencing regime. However, the record contradicts…