Garcia-Romero
United States v. Garcia-Romero
Opinion
Lead Opinion
MEMORANDUM *
Defendant Aberto Garcia-Romero appeals the sentence of 27 months’ imprisonment imposed after he pleaded guilty to being found in the United States after deportation, in violation of 8 U.S.C. § 1326 .
We review for abuse of discretion the district court’s sentencing decisions, regardless whether the sentence imposed is inside or outside the Guidelines range. Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007). We review sentences for reasonableness; only a procedurally erroneous or substantively unreasonable sentence' will be set aside. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc), cert. de nied; - U.S. -, 128 S.Ct. 2491 , 171 L.Ed.2d 780 (2008).
Defendant asserts that the district court made two procedural errors. First, he argues that the court endorsed improper policy arguments made by the prosecutor regarding a state court proceeding concerning custody of Defendant’s child. The record does not support this assertion, as the court stated that it did not know “what’s going to happen in any state proceeding.” The court did not express a view on the merits of the state proceeding *575 and did not, as Defendant…