Cruz-Lemus

United States v. Cruz-Lemus

Good Law
193 F. App'x 677
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-50166California266 words

Opinion

Lead Opinion

MEMORANDUM **

Armando Cruz-Lemus appeals from the sentence imposed following his guilty plea to being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cruz-Lemus contends that his sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). “In determining whether a sentence is unreasonable, we are guided by the sentencing factors set forth in 18 U.S.C. § 3553 (a), including the sentencing range established by the Sentencing Guidelines.” United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.2006).

Upon review, we conclude that the district court properly considered the Guidelines and analyzed the § 3553 factors before imposing a 48-month sentence, below the 77-96 month Guidelines range. It sufficiently considered Cruz-Lemus’ history and characteristics, his familial ties to the United States, his rehabilitation, the seriousness of the offense, respect for the law, and just punishment. See Plouffe, 445 F.3d at 1131 . Cruz-Lemus’ contention that his sentence was higher than what the court had previously imposed upon other defendants with…

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