Delaney

United States v. Delaney

Good Law
314 F. App'x 43
United States Court of Appeals for the Ninth CircuitNovember 24, 2008No. 06-50604California232 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Luis Delaney appeals from the district court’s decision, following a limited remand under United States v. Moreno-Hernandez, 419 F.3d 906, 915-16 (9th Cir.2005), that the sentence it imposed would not have been materially different had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Delaney contends that the district court’s decision not to resentence him was unreasonable because, upon remand, the district court: (1) did not have sufficient evidence regarding his history and characteristics; and (2) did not consider the factors set forth in 18 U.S.C. § 3553 (a). We conclude that the district court “properly understood the full scope of [its] discretion in a post -Booker world.” See United States v. Combs, 470 F.3d 1294, 1296-97 (9th Cir.2006).

*45 Delaney also contends that his sentence is unreasonable because, at his original sentencing hearing, the district court failed to consider the § 3553(a) factors. However, Delaney has already received the remedy for an unpreserved claim of nonconstitutional Booker error, see Moreno-Hernandez, 419 F.3d at 915-16 , and the district court’s…

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