Duarte

United States v. Duarte

Good Law
314 F. App'x 973
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 07-50285California517 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Paul Ramirez Duarte appeals from the 41-month sentence imposed following his guilty-plea conviction for being an alien found in the United States following deportation, 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.

Duarte contends that his sentence is unreasonable because the district court: (1) failed to consider his mitigating evidence and the factors set forth in 18 U.S.C. § 3553 (a); (2) failed to provide an adequate explanation for his sentence; (3) based his sentence on clearly erroneous facts; and (4) created an unwarranted sentencing disparity. We conclude that the district court did not commit procedural error and that Duarte’s sentence is substantively reasonable. See Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2468-69 , 168 L.Ed.2d 203 (2007); see also Gall v. United States, —— U.S. -, 128 S.Ct. 586, 598-602 , 169 L.Ed.2d 445 (2007).

Duarte also contends that the district court deprived him of his right to allocution. This contention fails. See United States v. Laverne, 963 F.2d 235, 236-37 (9th Cir.1992).

Duarte further contends that Special…

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