Bravo-Romero

United States v. Bravo-Romero

Good Law
376 F. App'x 762
United States Court of Appeals for the Ninth CircuitApril 19, 2010No. 09-50311California265 words

Opinion

Lead Opinion

MEMORANDUM **

Miguel Bravo-Romero appeals from the 57-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Bravo-Romero contends that the sentence is unreasonable because the district court failed to consider an unwarranted disparity between his sentence and the sentences of other similarly situated defendants. The record reflects that the district court considered the 18 U.S.C. § 3553 (a) sentencing factors, including the need to avoid unwarranted sentencing disparities, before imposing a sentence at the bottom of the Guidelines range. Thus, the district court did not procedurally err in fashioning the sentence. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc); see also United States v. Marcial-Santiago, 447 F.3d 715, 719 (9th Cir.2006).

Bravo-Romero also contends that the sentence imposed is substantively unreasonable because the district court failed to *763 apply this court’s reasoning in United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-56 (9th Cir.2009). The record reflects that the district court…

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