Juarez

United States v. Juarez

Good Law
314 F. App'x 35
United States Court of Appeals for the Ninth CircuitOctober 21, 2008No. 05-50641California362 words

Opinion

Lead Opinion

MEMORANDUM **

Gesner Miguel Juarez appeals from the 41-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States after having been deported, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Juarez contends that the sentence is unreasonable because the district court failed to consider the factors set forth in 18 U.S.C. § 3553 (a) and failed to provide a sufficient explanation of the sentence imposed. We conclude that the district court properly considered the statutorily-designated factors before imposing a sentence at the low end of the United States Sentencing Guidelines range and articulated its reasoning to the degree required for meaningful appellate review. See Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2468-69 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). To the extent that Juarez contends that the district court erred by treating the Guidelines as presumptively binding, we reject this eontention. See Carty, 520 F.3d at 994 ; see also United States v. Dallman, 533 F.3d 755,…

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