Andrade-Arroyo

United States v. Andrade-Arroyo

Good Law
212 F. App'x 633
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 05-10775California242 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Juan Andrade-Arroyo appeals from his 77-month sentence imposed after pleading guilty to 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.

Andrade-Arroyo contends that his sentence was unreasonable because the district court faded to give meaningful consideration to the need to avoid unwarranted sentencing disparities, pursuant to 18 U.S.C. § 3553 (a)(6). We disagree.

A review of the record demonstrates that the district court considered that factor, as well as other § 3553(a) factors, and determined that a 77-month sentence was consistent with other defendants who were being sentenced after pleading guilty without a plea agreement. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006).

Further, even assuming that any sentencing disparity was unwarranted, “that factor alone would not render Appellant[’s] sentence[ ] unreasonable; the need to avoid unwarranted sentencing disparities is only one factor a district court is to consider in imposing a sentence.” United States v.…

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