Brodsly

United States v. Brodsly

Good Law
192 F. App'x 671
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-30382California427 words

Opinion

Lead Opinion

MEMORANDUM **

Jeffrey Jay Brodsly appeals from the 37-month sentence imposed after a guilty plea to one count of conspiracy to distribute marijuana, in violation of 21 U.S.C. §§ 841 & 846. We affirm.

As a threshold matter, the government contends that this court lacks jurisdiction to review this appeal because Brodsly’s sentence was lawful and within the range suggested by the United States Sentencing Guidelines (the “Guidelines”). This argument is foreclosed by United States v. Plouffe, 436 F.3d 1062 (9th Cir.2006), amended by 445 F.3d 1126, 1128 (9th Cir. 2006).

Brodsly contends that the district court committed Sixth Amendment error by treating the Guidelines as mandatory. The record does not support this contention. Rather, the district court correctly used the Guidelines range as a “starting point,” United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006), and properly considered and applied the various sentencing considerations articulated in 18 U.S.C. § 3553 (a). See id. at 1280-81 ; see also United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.2006) (the requirement that a sentencing court consider the *673 § 3553(a) factors “does not necessitate a specific…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.