Silva

United States v. Silva

Good Law
189 F. App'x 645
United States Court of Appeals for the Ninth CircuitJuly 13, 2006No. 05-10318California852 words

Opinion

Lead Opinion

MEMORANDUM *

Joao (“John”) Silva pled guilty to illegal reentry in violation of 8 U.S.C. § 1326 . He appeals his sentence of forty-six months imposed under the advisory Sentencing Guidelines. Silva contends the District Court erred by: (1) enhancing his sentence based on a prior conviction that was neither pled nor proved to a jury beyond a reasonable doubt; (2) failing to consider all of the sentencing factors set forth in 18 U.S.C. § 3553 (a), as required by Booker; (3) placing substantial weight on the advisory Sentencing Guideline range in determining Silva’s sentence; and (4) imposing a sentence on Silva that is unreasonable with regard to the § 3553(a) factors.

We reject all of Silva’s claims and affirm the District Court.

I.

A post-Booker sentence imposed under the advisory Sentencing Guidelines is reviewed for reasonableness. See United States v. Booker, 543 U.S. 220, 261 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006).

II.

Silva’s first claim, that the District Court erred in enhancing his sentence *647 based on a prior aggravated felony conviction that was neither pled nor proved to a jury beyond a reasonable…

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