Zamora-Meraz

United States v. Zamora-Meraz

Good Law
302 F. App'x 510
United States Court of Appeals for the Ninth CircuitOctober 23, 2008No. 07-30498California196 words

Opinion

lead Opinion

MEMORANDUM **

Juan Zamora-Meraz appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Zamora-Meraz contends that the district court procedurally erred by failing *511 to adequately discuss or analyze factors set forth in 18 U.S.C. § 3553 , by placing excessive weight on the Sentencing Guidelines, and by failing to discuss mitigating circumstances. Because Zamora-Meraz did not object on these grounds in district court, plain error review applies. See United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir.2008). We conclude that Zamora-Meraz cannot show “a reasonable probability that he would have received a different sentence” absent any procedural error. See id. at 762 .

Zamora-Meraz further contends that his sentence is substantively unreasonable. In light of the totality of the circumstances, including Zamora-Meraz’s criminal history, the sentence, at the low-end of the applicable Guidelines range, is reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

AFFIRMED.

This disposition is not…

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