Martinez

United States v. Martinez

Good Law
315 F. App'x 661
United States Court of Appeals for the Ninth CircuitMarch 3, 2009No. 08-50035California215 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Guatemala Martinez appeals from the 188-month sentence reimposed *662 following remand pursuant to United States v. Combs, 470 F.3d 1294, 1297 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Martinez contends that the district court procedurally erred by failing to adequately explain its decision not to cap his base offense level at 30 pursuant to U.S.S.G. § 2Dl.l(a)(3), and that the sentence imposed is substantively unreasonable because the court’s discussion of the 18 U.S.C. § 3553 (a) sentencing factors was incomplete and cryptic. Following the remand, this court’s scope of review for “reasonableness” is limited to the sole issue of “[w]hether the district judge properly understood the full scope of his discretion” following United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Combs, 470 F.3d at 1297 . The record indicates that the district court properly understood the scope of its discretion under the advisory Guidelines. -See id. To the extent that Martinez raises additional contentions, these contentions are precluded from consideration under the law of the case doctrine. See United States v.…

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