Barragan

United States v. Barragan

Good Law
314 F. App'x 77
United States Court of Appeals for the Ninth CircuitFebruary 26, 2009No. 08-50209California247 words

Opinion

Lead Opinion

MEMORANDUM **

Joaquin Barragan appeals from the 46-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Barragan contends that the district court erred at sentencing by failing to adequately consider the factors set forth in 18 U.S.C. § 3553 (a), and by giving undue weight to the need for deterrence. He also contends that his sentence is unreasonable. We conclude that the district court did not procedurally err, and that the sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc); see also United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir.2008).

Barragan’s contention that the district court violated his Sixth Amendment rights by enhancing his sentence beyond two years is, as he acknowledges, foreclosed. See United States v. Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir.2006).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir.2000), we remand the case to the district court with instructions that it…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.