Washburn

United States v. Washburn

Good Law
236 F. App'x 324
United States Court of Appeals for the Ninth CircuitJune 7, 2007No. 05-30499California365 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Robert Harvey Washburn pleaded guilty to bank robbery. The district court sentenced him to 151 months’ imprisonment after considering the Career Offender provision of the United States Sentencing Guidelines. U.S.S.G. § 4B1.1. Defendant argues that this sentence was unreasonable. Generally, we review the sentence imposed by the district court for reasonableness in light of the factors set forth in 18 U.S.C. § 3553 (a). United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006).

The district court simply recited that the Guidelines are advisory, that Defendant qualified as a career offender, and that, “in the exercise of its discretion, the court finds that departure is not warranted.” Under United States v. Booker, 543 U.S. 220, 260-61 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), this statement, which fails to mention the statute, was too eonclusory to demonstrate that the court actually considered all the statutory factors, and too eonclusory to allow meaningful appellate review. See United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.) (“To comply with the requirements of Booker , the district court must have sufficiently considered the ...…

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