Gastelum-Velasquez

United States v. Gastelum-Velasquez

Good Law
225 F. App'x 626
United States Court of Appeals for the Ninth CircuitMarch 21, 2007No. 06-10019California528 words

Opinion

Lead Opinion

MEMORANDUM **

Gabriel Gastelum-Velasquez was caught smuggling 81 pounds of cocaine into the United States. He appeals his sentence of fifteen years’ incarceration following his guilty plea on four counts of drug trafficking under 21 U.S.C. §§ 841 , 846, 952(a), 960 & 963. 1 He argues that the district court did not consider all of the factors required by 18 U.S.C. § 3553 (a), that the court erred in failing to treat him as a minor participant in the crime, and that his overall sentence was unreasonable.

We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

Gastelum-Velasquez’s main contention is that the district court did not consider all of the § 3553(a) factors. Although the district court did not explicitly cite or quote § 3553(a), the record indicates that it considered all of the relevant § 3553(a) factors. In United States v. Knows His Gun, 438 F.3d 913, 919 (9th Cir.2006), we held that articulation of some § 3553(a) factors was sufficient, so long as the record indicates that all of the relevant factors were considered.

Moreover, even if the district court’s failure to explicitly discuss § 3553(a) was error, because GastelumVelasquez did…

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