Lira

United States v. Lira

Good Law
265 F. App'x 574
United States Court of Appeals for the Ninth CircuitJanuary 24, 2008No. 07-30146California252 words

Opinion

lead Opinion

MEMORANDUM **

Michael Lira appeals from the 96-month sentence imposed following his guilty-plea conviction for being a person under indictment in possession of a firearm, in violation of 18 U.S.C. § 922 (n). We have juris *575 diction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lira contends that the district court erred by failing to adequately state its reasons for imposing a sentence at the top of the guideline range as required by 18 U.S.C. § 3558 (c)(1). We disagree. “Section 3553(c)(1) only requires the court to state its reasons for imposing a sentence at a particular point within the applicable range if that range exceeds 24 months.” United States v. Martinez-Gonzalez, 962 F.2d 874, 879 (9th Cir.1992) (emphasis added). Because the recommended range in this case spanned only 19 months, the district court did not err.

Lira contends that the district court failed to comply with 18 U.S.C. § 3553 (c), which requires the court to state its reasons for imposing a particular sentence. Because Lira did not object to the court’s statement of reasons, this contention is reviewed for plain error. See United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir.2006). Lira has not…

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