Sandoval-Leyva

United States v. Sandoval-Leyva

Good Law
264 F. App'x 609
United States Court of Appeals for the Ninth CircuitJanuary 18, 2008No. 05-10531California181 words

lead Opinion

MEMORANDUM **

Julio Sandoval-Leyva appeals from his 41-month sentence imposed following a guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*610 Sandoval-Leyva contends 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 expressly discuss all of Sandoval-Leyva’s mitigation contentions under 18 U.S.C. § 3553 (a). However, the record reflects that the district court listened to the parties’ arguments and considered the § 3553(a) factors in a reasoned manner, imposing a sentence at the low end of the applicable Guidelines range. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2468-70 , 168 L.Ed.2d 203 (2007). We conclude that Sandoval-Leyva’s sentence is not unreasonable. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 597-98 , 169 L.Ed.2d 445 (2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.