Dorantes-Mendoza

United States v. Dorantes-Mendoza

Good Law
203 F. App'x 765
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 05-50742California231 words

Opinion

Lead Opinion

MEMORANDUM **

Lorenzo Dorantes-Mendoza appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Dorantes-Mendoza contends that his sentence is unreasonable because the district court failed to appropriately consider the need to avoid unwarranted disparity in sentencing under 18 U.S.C. § 3553 (a)(6). Upon review, we conclude that the district court properly considered the advisory Guidelines and the § 3553 factors in imposing the sentence. The record reflects that the district court considered Do-rantes-Mendoza’s history and characteristics, the nature and circumstances of the offense, the kinds of sentences available, and Dorantes-Mendoza’s ties to the United States, and imposed a sentence that was sufficient but no greater than necessary to comply with § 3553(a). See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.2006).

We reject Dorantes-Mendoza’s contention that disparity between his sentence and fast-track sentences imposed on other illegal reentry defendants rendered his sentence…

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