Garcia-Andrade

United States v. Garcia-Andrade

Good Law
199 F. App'x 624
United States Court of Appeals for the Ninth CircuitAugust 25, 2006No. 05-50944California331 words

Opinion

Lead Opinion

MEMORANDUM **

Jorge Garcia-Andrade appeals from the 36-month sentence imposed following a guilty-plea conviction for being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 (a), as enhanced by (b)(2). We have *625 jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the conviction and sentence and remand to correct the judgment.

Garcia-Andrade contends that his 36-month sentence is unreasonable because the district court refused to further reduce his sentence to account for the “unwarranted” sentencing disparities between Garcia-Andrade and similarly situated defendants who received lesser sentences under fast-track plea agreements. We disagree. Even assuming the district court failed to consider an unwarranted sentencing disparity, the 36-month sentence is reasonable because the district court properly calculated the advisory Guideline range, considered the other 18 U.S.C. § 3553 factors and imposed a sentence below the advisory Guideline range. See United States v. Marcial-Santiago, 447 F.3d 715, 719 (9th Cir.2006) (concluding that unwarranted disparity alone would not render a sentence unreasonable where the sentence was…

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