Lopez-Reyes

United States v. Lopez-Reyes

Good Law
254 F. App'x 681
United States Court of Appeals for the Ninth CircuitNovember 20, 2007No. 06-50104California321 words

Opinion

Lead Opinion

MEMORANDUM **

Jorge Lopez-Reyes appeals from his 77-month sentence, imposed following his guilty-plea conviction for being found in the United States after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 . We affirm the sentence, and remand to correct the judgment.

Lopez-Reyes challenges the reasonableness of his sentence on three grounds. First, he contends the district court failed to consider the nature and circumstances of the offense, as well as Lopez-Reyes’s history and characteristics. Second, Lopez-Reyes contends the district court failed to consider whether the punishment was just. The record belies appellant’s assertion that the district court failed to consider the appropriate factors. See United States v. Mix, 457 F.3d 906, 912 (9th Cir.2006) (“Judges need not rehearse on the record all of the [factors set forth in 18 U.S.C. § 3553 (a) ]; it is enough to calculate the range accurately and explain why (if the sentence lies outside it) this defendant deserves more or less.”).

Finally, Lopez-Reyes contends the district court failed to address his request for a downward departure because the court did not believe it had…

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