Maria-Juarez

United States v. Maria-Juarez

Good Law
383 F. App'x 604
United States Court of Appeals for the Ninth CircuitJune 10, 2010No. 09-10235California306 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Maria-Juarez appeals from the 70-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Maria-Juarez contends that the district court procedurally erred at sentencing by (1) refusing to consider imposing a lower sentence in order to achieve paxity with fast-track defendants; (2) treating the Sentencing Guidelines as mandatory; and (3) failing to adequately explain the sentence. The record indicates that the district court did not procedurally err. See United States v. Carty, 520 F.3d 984, 994-96 (9th Cir.2008) (en banc); see also United States v. Gonzalez-Zotelo, 556 F.3d 736, 739-41 (9th Cir.2009).

Maria-Juarez also contends that his sentence is substantively unreasonable in light of his mitigating personal circumstances and the age of the prior conviction that was the basis for a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii). The record reflects that the 70-month sentence is substantively x'easonable in light of the totality of the circumstances. See Gall v.…

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