Duran-Luque

United States v. Duran-Luque

Good Law
303 F. App'x 461
United States Court of Appeals for the Ninth CircuitDecember 12, 2008No. 07-50559California656 words

Opinion

lead Opinion

*463 MEMORANDUM **

Raúl Duran-Luque (Duran) appeals his conviction and sentence on two counts of possession with intent to distribute a controlled substance, and two counts of importing a controlled substance (cocaine and methamphetamine) in violation of 21 U.S.C. §§ 841 (a), 952 and 960. We affirm.

I

The district court’s reasons for its choice of sentence were adequately set out, including Duran’s willingness to courier the drugs for $4,500, his failure to abandon the role despite his education, his perjury and obstruction of justice at trial, and the need for deterrence. See 18 U.S.C. § 3553 (c)(1); Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2468 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc). The court did not fail to consider factors favorable to Duran that were called to its attention. Nor does the sentence imposed, compared to the sentence that was available for a fast-track plea, indicate that Duran was being punished for exercising his right to trial. See United States v. Vasquez-Landaver, 527 F.3d 798, 805-06 (9th Cir.2008); United States v. Carter, 804 F.2d 508, 513-15 (9th Cir.1986). Finally, the record…

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