Martell

United States v. Martell

Good Law
266 F. App'x 589
United States Court of Appeals for the Ninth CircuitFebruary 6, 2008Nos. 06-30076, 06-30077California299 words

Opinion

lead Opinion

MEMORANDUM **

Defendant Andrew Preston Martell appeals the sentence imposed after he pleaded guilty to burglary, in violation of 18 U.S.C. §§ 1152 , 13(a), and Montana Code Annotated § 45-6-204, and to aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 (a) and 2241(a)(1). On review for abuse of discretion, Gall v. United States, — U.S. -, 128 S.Ct. 586, 591 , 169 L.Ed.2d 445 (2007), we affirm.

*590 The district court in this case followed all the procedural requirements of sentencing. Id. at 596-97 . The court accurately calculated the sentencing range for each conviction under the Sentencing Guidelines and, in the process, properly acknowledged that the Guidelines were only advisory. After providing the parties an opportunity to argue their positions fully, the court considered the provisions of 18 U.S.C. § 3553 (a) and the “nature and circumstances” of the offenses. In doing so, the court recited and applied all seven statutory factors.

We next must consider whether the sentence was substantively reasonable. Id. at 597 . The 21-month sentence for burglary accords with the Guidelines and, indeed, Defendant does not argue separately that it is unreasonable. We conclude…

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