Loza

MEMORANDUM **

Jose Martinez-De Loza appeals from the 40-month sentence imposed following his guilty plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the sentence and remand for correction of the judgment.

Martinez-De Loza contends that the district court’s refusal to consider whether there was “unwarranted disparity” between his sentence and the sentences imposed on defendants who have been offered fast-track dispositions renders his sentence unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Upon review of the record, we conclude that the district court did consider potentially unwarranted sentencing disparity, but found that these principles were not implicated because fast-track defendants were charged with violating a different statute with lower penalties. This finding did not render his sentence unreasonable under Booker. See United States v. Marcial-Santiago, 447 F.3d 715, 717-19 (9th Cir.2006). The district court calculated the advisory Guidelines range, considered and rejected Martinez-De Loza’s contentions…