Ortega-Frutos

United States v. Ortega-Frutos

Good Law
207 F. App'x 762
United States Court of Appeals for the Ninth CircuitNovember 14, 2006No. 06-30166California249 words

Opinion

Lead Opinion

MEMORANDUM **

Abimeo Ortega-Frutos appeals from the 96-month sentence imposed following his guilty-plea conviction for illegal reentry in violation of 8 U.S.C. § 1326 . We have *763 jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Ortega-Frutos contends that his sentence was unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), in that the court failed to consider the nature of his offense, the circumstances surrounding a prior burglary offense which resulted in a 16-level enhancement of his offense level under the Sentencing Guidelines, his personal history, and his willingness to participate in a fast-track program. However, the record reflects that the court properly weighed and considered the factors set forth in 18 U.S.C. § 3553 (a) before imposing sentence. See United States v. Marcial-Santiago, 447 F.3d 715, 719 (9th Cir.) (affirming where the district court “gave thoughtful attention to factors recognized in § 3553(a) and exercised sound discretion to ensure that the punishment fit the crime and the circumstances of the appellants”), cer t. denied, — U.S. —, 127 S.Ct. 309 , 166 L.Ed.2d 232 (2006). We conclude that…

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