Gracian-Berber

United States v. Gracian-Berber

Good Law
210 F. App'x 703
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 06-10047California322 words

Opinion

Lead Opinion

MEMORANDUM **

Ponciano Graeian-Berber appeals from the 70-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.

Graeian-Berber 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 sentencing disparities between districts with fast-track programs and districts without fast-track programs. This contention is foreclosed by United States v. Marcial-Santiago, 447 F.3d 715, 718 (9th Cir.), cert. denied sub nom. Acosta-Franco v. United States, — U.S.-, 127 S.Ct. 309 , 166 L.Ed.2d 232 (2006). The record reflects that the district court properly weighed and considered the factors set forth in 18 U.S.C. § 3553 (a), and imposed a sentence at the low end of the applicable Guidelines range. We conclude that Gracian-Berber’s sentence was not unreasonable. See id. at 719 (affirming where the district court “gave thoughtful attention to factors recognized *704 in § 3553(a) and exercised sound discretion”);…

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