Castaneda-Ceja

United States v. Castaneda-Ceja

Good Law
206 F. App'x 720
United States Court of Appeals for the Ninth CircuitNovember 14, 2006No. 05-10617California468 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Castaneda-Ceja appeals from the 52-month sentence imposed following his guilty-plea conviction for being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Castaneda-Ceja 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), because the district court failed to consider factors set forth by 18 U.S.C. § 3553 (a), including the kinds of sentences available pursuant to 18 U.S.C. § 3553 (a)(3). The record, however, reflects that the district court was aware that it had “full discretion to impose a concurrent, partially concurrent or consecutive sentence,” and chose to impose a consecutive sentence in light of Castaneda-Ceja’s criminal history and the circumstances of his offense. See United States v. Dowd, 417 F.3d 1080, 1089 (9th Cir. 2005); see also United States v. Fifield, 432 F.3d 1056, 1066 (9th Cir.2005) (concluding that a district court must “justify its choice of the sentence as a whole with reference to the factors listed in *722 § 3553(a)”). While Castaneda-Ceja contends that…

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