Beltran-Quinonez
United States v. Beltran-Quinonez
Opinion
Lead Opinion
MEMORANDUM **
Jose Ernesto Beltran-Quinonez appeals the 36-month sentence imposed upon him following his guilty plea to one count of conveying false information concerning the bringing of a nuclear warhead into the United States for use in Boston, Massachusetts. See 18 U.S.C. § 1038 (a)(1). He contends that although the district court properly calculated his base Guideline sentence pursuant to USSG § 2A6.1 (2005), it then improperly calculated a departure therefrom, 1 and also imposed an unreasonable sentence. 2 We affirm.
The district court carefully considered all of the evidence and the factors which must be applied in determining an ultimately reasonable sentence 3 before it decided that 36 months was the proper sentence here. We cannot say that the district court abused its discretion. See Rita v. United States, —U.S.-, 127 S.Ct. 2456, 2465 , 168 L.Ed.2d 203 (2007). *671 Even were we to decide that the district court erred in calculating a departure within the meaning of the Guideline commentary, 4 the district court’s statements made it perfectly clear that any error was immaterial to the sentence it ultimately decided upon.