Salvatierra

United States v. Salvatierra

Good Law
268 F. App'x 516
United States Court of Appeals for the Ninth CircuitFebruary 26, 2008No. 07-10226California675 words

Opinion

lead Opinion

MEMORANDUM *

Matías Jose Salvatierra pled guilty to and was convicted of one count of Receipt *517 or Distribution of Material Involving the Sexual Exploitation of Minors in violation of 18 U.S.C. § 2252 (a)(2) and one count of Possession of Material Involving the Sexual Exploitation of Minors in violation of 18 U.S.C. § 2252 (a)(4)(B). Salvatierra appeals his 210-month sentence, arguing that the district court improperly applied a five-point enhancement to his offense level computation under Section 2G2.2(b)(3)(B) of the U.S. Sentencing Guidelines Manual (“U.S.S.G.”). Salvatierra also contends that the district court’s sentence was unreasonable in light of 18 U.S.C. § 3553 (a) and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“This court reviews the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Sentencing Guidelines to the facts of this case for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir. 2005) (citation omitted). The…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.