Santana
United States v. Santana
Opinion
Lead Opinion
*631 MEMORANDUM ***
Laureano Barragan Santana appeals his 120-month sentence imposed pursuant to his plea of guilty to one count of conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846 and to one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Santana argues that the district court erred by (1) failing to comply with Federal Rule of Criminal Procedure 32(i)(3)(B); (2) denying him a minor role adjustment and downward departure for his alien status; (3) imposing an unreasonable sentence; (4) failing to specify a cap on the number of drug tests required under supervised release; and (5) requiring him to report to a probation officer within seventy-two hours of reentry into the country as a condition of supervised release. We affirm the judgment of the district court.
Our sentencing review “is to determine whether the sentence is reasonable; only a procedurally erroneous or substantively unreasonable sentence will be set aside.” United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc), petition for cert filed, No. 07-10482 (April 16, 2008). “[W]e first consider whether the…