Mallett

United States v. Mallett

Good Law
209 F. App'x 667
United States Court of Appeals for the Ninth CircuitDecember 1, 2006No. 06-10007California271 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant appeals the 654-month sentence imposed by the district court as unreasonable. Although the sentence is lengthy, it is reasonable. The district court properly considered the Sentencing Guidelines and other relevant sentencing factors. We affirm.

On remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), the district court determined that the original sentence would not have materially differed had the court known that the Guidelines were advisory. Defendant’s sentence is therefore reviewed for reasonableness. Id. at 1079 . The district court must “demonstrate implicit or explicit consideration of the factors set forth in 18 U.S.C. § 3553 (a).” United States v. Mohamed, 459 F.3d 979, 985 (9th Cir.2006).

The district court explicitly discussed the relevant § 3553(a) factors, including the Guidelines, Defendant’s recidivist history, Defendant’s lack of remorse, the need to appropriately punish Defendant, the potential sentences available, and the need to protect the public from Defendant.

The cumulative charges against Defendant significantly increased his sentence. *668 See 18 U.S.C. § 924 (c)(1) (punishment for using a firearm…

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