Martinez-Venegas
United States v. Martinez-Venegas
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…