Flores-Babichi

United States v. Flores-Babichi

Good Law
358 F. App'x 955
United States Court of Appeals for the Ninth CircuitDecember 14, 2009Nos. 08-10508, 08-10510California284 words

Opinion

Lead Opinion

In these consolidated appeals, Francisco Flores-Babichi appeals from the 77-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 , and the 18-month consecutive sentence imposed following the revocation of the supervised release term he was serving for a prior guilty-plea conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , *956 and we vacate the sentence and remand for resentencing.

Flores-Babichi contends that the district court procedurally erred by failing to calculate the Guidelines range, by treating the Guidelines as mandatory and/or assigning them too much weight, and by focusing on only one of the 18 U.S.C. § 3553 (a) sentencing factors, to the exclusion of the remaining factors. The record reflects that the district court did not procedurally err. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 596-97 , 169 L.Ed.2d 445 (2007); see also United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir.2007).

Flores-Babichi also contends that the sentence imposed was substantively unreasonable because it was greater than necessary to accomplish the purposes of sentencing, and because…

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