Lopez-Mundo

United States v. Lopez-Mundo

Good Law
220 F. App'x 665
United States Court of Appeals for the Ninth CircuitFebruary 14, 2007No. 06-50237, 06-50259California1,156 words

Opinion

Lead Opinion

MEMORANDUM **

Rito Lopez-Mundo (“Lopez-Mundo”) objects to his sentences for violating 8 U.S.C. § 1326 , Deported Alien Found in the United States, and for violating the conditions of his supervised release. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition. Lopez-Mundo’s appeals raise five issues, none of which we find persuasive.

We review de novo Sixth Amendment objections to judicial fact-finding at sentencing based upon Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). United States v. Martinez-Rodriguez, 472 F.3d 1087, 1092 (9th Cir.2007). A district court’s interpretation of the Federal Sentencing Guidelines is reviewed de novo, its application of the Guidelines is reviewed for abuse of discretion, and the district court’s factual findings are reviewed for clear error. United States v. Mohamed, 459 F.3d 979, 985 (9th Cir.2006); United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006). Under United States v. Booker, 543 U.S. 220, 261 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), all sentences are reviewed on appeal for reasonableness. Cantrell, 433…

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