Fragoso

United States v. Fragoso

Good Law
307 F. App'x 59
United States Court of Appeals for the Ninth CircuitJanuary 6, 2009No. 06-50631California318 words

Opinion

Lead Opinion

*60 MEMORANDUM **

Heriberto Fragoso appeals from the 322-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. § 846 , possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (b)(1)(A), and use or carrying of a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Fragoso contends that his sentence is unreasonable in light of the factors set forth in 18 U.S.C. § 3553 (a). We conclude that the sentence is substantively reasonable. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 598-602 , 169 L.Ed.2d 445 (2007); see also United States v. Stoterau, 524 F.3d 988, 1001-02 (9th Cir. 2008); United States v. Plouffe, 445 F.3d 1126, 1131-32 (9th Cir.2006).

With regard to Special Condition 5 of his supervised release, Fragoso contends that the district court erred by: (1) delegating to the probation officer the authority to make him pay all or part of the costs of drug or alcohol treatment; and (2) disregarding his…

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