Soto
United States v. Soto
Opinion
Lead Opinion
MEMORANDUM **
Marisa Ann Soto appeals the sentence imposed following her guilty plea to mail fraud affecting a financial institution, in violation of 18 U.S.C. § 1341 . She contends that her sentence of 78 months, consecutive to a 5-year state court sentence, was unreasonable because it failed to account for time served for similar and contemporaneous conduct. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
In reviewing a sentence, we first consider whether the district court committed significant procedural error, including an incorrect Sentencing Guidelines determination. United States v. Carty, 520 F.3d 984, 993 (9th Cir.) (en banc), cert. denied, - U.S. -, 128 S.Ct. 2491 , 171 L.Ed.2d 780 (2008). We next consider whether, in light of the factors set forth in 18 U.S.C. § 3553 (a), the district court abused its discretion by imposing a substantively unreasonable sentence. Id. We review the district court’s interpretation of the Guidelines de novo, its application of the Guidelines to the facts for an abuse of discretion, and its factual findings for clear error. United States v. Garro, 517 F.3d 1163, 1167 (9th Cir.2008).