Martinez

MEMORANDUM **

Victor Martinez appeals various aspects of his sentence arising from drug distribution and conspiracy charges. The parties are familiar with the facts of the case, and we do not recite them in detail in this disposition.

We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, vacate in part and remand.

I

The parties agree that the district court violated Federal Rule of Criminal Procedure 32 by failing to provide notice that it was considering the imposition of conditions of supervised release requiring, among other things, sex-offender registration and treatment.

We agree as well and, therefore, vacate Special Conditions 5 through 9 in the judgment and remand for resentencing.

II

Martinez argues that the district court did not adequately consider the factors in 18 U.S.C. § 3553 (a) in sentencing him to 240 months on the conspiracy charge. He further argues that the district court treated the Guideline range as mandatory in violation of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 *523 L.Ed.2d 621 (2005), and imposed a substantively unreasonable sentence.

The district court expressly recognized that it was not bound to apply the…