Gonzalez-Larrea

United States v. Gonzalez-Larrea

Good Law
248 F. App'x 795
United States Court of Appeals for the Ninth CircuitSeptember 17, 2007No. 05-50688California690 words

Opinion

Lead Opinion

MEMORANDUM **

Gabriel Gonzalez-Larrea appeals his 70-month sentence for illegally reentering the United States following deportation, in violation of 8 U.S.C. §§ 1326 (a) and (b)(2). He argues that the district court did not give a sufficiently specific statement of reasons for the sentence and that the sentence, which is at the bottom of the applicable Guidelines range, is unreasonable. Contrary to the government’s position, we have jurisdiction to review the reasonableness of a within-Guidelines sentence, see United States v. Plouffe, 445 F.3d 1126, 1128 (9th Cir.2006), and we affirm.

Gonzalez-Larrea did not object to the sufficiency of the district court’s statement of reasons at sentencing, so we review that statement for plain error. United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir.2006). We conclude that the district court’s statement of reasons complies with the requirements of 18 U.S.C. § 3553 (c). The court stated that it had considered the Guidelines as advisory, acknowledged Gonzalez-Larrea’s request for a departure based on his “good Samaritan conduct” at an accident scene five years before, and concluded that most of the section 3553(a) factors were covered by…

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