Perez-Aguilar

United States v. Perez-Aguilar

Good Law
272 F. App'x 621
United States Court of Appeals for the Ninth CircuitApril 1, 2008No. 06-10198California738 words

Opinion

Lead Opinion

MEMORANDUM **

Jaime Perez-Aguilar appeals the sentence imposed following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). Because the parties are aware of the facts of the case, we do not recount them here. We affirm.

Perez-Aguilar first argues that the district court failed to properly articulate on the record that it considered the 18 U.S.C. § 3553 (a) sentencing factors. Although Perez-Aguilar did not raise an objection on this ground at sentencing, he did file a sentencing memorandum in which he argued that the district court should consider the 18 U.S.C. § 3553 (a) factors, and in which he argued that the factors should persuade the district court to impose a sentence below the guidelines range. We need not decide whether Perez-Aguilar’s sentencing memorandum properly preserved the reasonableness standard of review; under either a plain error or unreasonableness standard, we affirm.

Although the district court did not specifically cite the § 3553(a) sentencing *623 factors, it “set forth enough to satisfy the appellate court that [the district court] has considered the parties’ arguments and has a reasoned basis for exercising…

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