Hutson

MEMORANDUM *

Defendant/Appellant Kenya Marquis Hutson appeals from the prison sentence of 180 months (15 years) imposed on him following his conviction in the Central District of California of eleven counts of mail fraud, in violation of 18 U.S.C. § 1341 , and three counts of wire fraud, in violation of 18 U.S.C. § 1343 . On appeal, Hutson challenges the constitutionality of the procedure used by the district court to determine his sentence and also asserts that the sentence imposed is unreasonable.

First, Hutson contends that the district court violated the Sixth Amendment because it enhanced his advisory Guidelines range based on judicially-found facts regarding the circumstances of Hutson’s offense. This argument is meritless. Contrary to Hutson’s contentions, after the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the Sentencing Guidelines are merely “advisory.” See United States v. Cantrell, 433 F.3d 1269, 1277 (9th Cir.2006). Under the post-Booker, advisory Guidelines regime, judicial fact-finding does not result in a Sixth Amendment violation. United States v. Ameline, 409 F.3d 1073, 1077-78 (9th Cir.2005)…