Soto-Lopez
United States v. Soto-Lopez
Opinion
Lead Opinion
MEMORANDUM **
Carlos Soto-Lopez appeals from the 77-month sentence imposed following his guilty-plea conviction for being a deported *809 alien found in the United States, 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. We grant the parties’ requests to take judicial notice of certain documents outside the district court record.
Soto-Lopez contends that the district court procedurally erred by failing to address adequately his argument that he was entitled to the 48-month sentence he would have received had his attorney not advised him to reject the government’s “fast-track” offer. Our review of the record indicates that the judge adequately addressed this argument. See Rita v. United States, 551 U.S. 338, 359 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 995 (9th Cir.2008) (en banc).
Soto-Lopez also contends that the district court abused its discretion in imposing the 77-month sentence at the bottom of the Guidelines range rather than the 48-month sentence he would have received had he accepted the government’s offer. Considering the totality of the…