Stange

United States v. Stange

Good Law
225 F. App'x 618
United States Court of Appeals for the Ninth CircuitMarch 20, 2007No. 06-30421California494 words

Opinion

Lead Opinion

MEMORANDUM *

Jason Stange appeals the 117-month sentence he received after pleading guilty to armed bank robbery, 18 U.S.C. § 2113 (a), (d), and to the use of a firearm during a crime of violence, id. § 924(c)(1)(A)(ii). We affirm.

The record of the sentencing hearing plainly demonstrates that the district court did not treat the Sentencing Guidelines as mandatory and understood that sentences can deviate — either upward or downward — from those calculated by the Guidelines. Although the district court ultimately imposed a sentence within the range recommended by the Guidelines, the court explicitly recognized that the Guidelines were “advisory” and that the “real issue” was whether “to sentence [Stange] to seven years” — the statutory minimum for the firearm conviction — “as opposed to something higher” as recommended by the Guidelines. The district court, therefore, complied with United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

In exercising this discretion, the district court imposed a reasonable sentence. In accord with 18 U.S.C. § 3553 (a), the district court conducted a thoughtful and thorough examination of the relevant sentencing factors.…

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