Martinez-Venegas

United States v. Martinez-Venegas

Good Law
217 F. App'x 684
United States Court of Appeals for the Ninth CircuitJanuary 12, 2007No. 06-30232California244 words

Opinion

Lead Opinion

MEMORANDUM **

Ricardo Martinez-Venegas appeals from his sentence of 29 months and one week imposed following a guilty plea to unlawful entry by eluding examination and inspection by Immigration Officers, in violation of 8 U.S.C. § 1325 (a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martinez-Venegas contends that the district court failed to consider the factors set forth in 18 U.S.C. § 3553 (a) in general, and specifically misapplied § 3553(a)(6) by failing to consider circumstances that distinguish Martinez-Venegas from others convicted of the same offense. We disagree. The district court’s statements, in totality, provide a sufficient showing that there was adequate consideration given to the § 3553(a) factors. See United States v. Knows His Gun, 438 F.3d 913, 918-19 (9th Cir.), cert. denied, — U.S.-, 126 S.Ct. 2913 , 165 L.Ed.2d 931 (2006). While the district court did express a concern for maintaining some uniformity of sentences *685 among defendants convicted of the same crime, it specifically considered MartinezVenegas’ particular characteristics and history and “exercised sound discretion to ensure that the punishment fit the crime and the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.