Szetela

United States v. Szetela

Good Law
345 F. App'x 267
United States Court of Appeals for the Ninth CircuitSeptember 8, 2009No. 08-50564California533 words

Opinion

Lead Opinion

MEMORANDUM ***

Josette Marie Szetela (“Appellant”) pled guilty to embezzling approximately *269 $193,000 from the United States Department of Defense. She now appeals her resulting eighteen-month sentence of incarceration and the restitution order imposed by the district court. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and now affirms.

Appellant contends that the district court failed to properly weigh all relevant sentencing factors as required by 18 U.S.C. § 3553 (a) and instead arbitrarily adhered to the advisory guidelines without conducting a proper analysis. The advisory guidelines, though a “starting point and ... initial benchmark,” are but one factor to be considered when fashioning an appropriate sentence. Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 596 , 169 L.Ed.2d 445 (2007).

United States v. Autery, 555 F.3d 864, 873 (9th Cir.2009) (quoting United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008 (en banc))).

The record shows that the district court relied on the advisory guidelines only as a starting point. The district court then conducted a well-reasoned and thorough evaluation of the § 3553(a) factors. The district court considered the…

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