Saldivar-Pineda

United States v. Saldivar-Pineda

Good Law
235 F. App'x 538
United States Court of Appeals for the Ninth CircuitAugust 7, 2007No. 05-30562California213 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Saldivar-Pineda appeals from his 147-month sentence imposed following his guilty plea to possession of methamphetamine, heroin, and cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(1)(B), and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(l)(A)(i). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Saldivar-Pineda argues that his sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the district court failed to appropriately consider the factors set forth in 18 U.S.C. § 3553 (a). We disagree. The district court properly considered and addressed the relevant § 3553(a) factors in imposing a reasonable sentence at the low end of the advisory Sentencing Guidelines range. See Rita v. United States, — U.S. -, -, 127 S.Ct. 2456, 2469-70 , 168 L.Ed.2d 203 (2007); see also United States v. Plouffe, 445 F.3d 1126, 1131-32 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006); United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006).

AFFIRMED.

This disposition is not…

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.