Tapia-Romero

United States v. Tapia-Romero

Good Law
276 F. App'x 633
United States Court of Appeals for the Ninth CircuitMay 1, 2008No. 05-50121California254 words

Opinion

Lead Opinion

MEMORANDUM *

Felipe Daniel Tapia-Romero appeals his sentence and several terms of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm on all but one issue in this memorandum disposition. We address the remaining issue — whether the district court erred by declining to consider, under 18 U.S.C. § 3553 (a), the cost to society of a defendant’s term of imprisonment — in an accompanying opinion.

The sentence imposed by the district court was neither proeedurally erroneous nor substantively unreasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (“[Ojnly a proeedurally erroneous or substantively unreasonable sentence will be set aside.”). That the district court, after considering all the relevant facts, chose to place more emphasis on Tapia-Romero’s recidivism than on facts that might be interpreted to reflect more favorably on Tapia-Romero merely shows that the court appropriately exercised its discretion. See id. (“The abuse of discretion standard applies to all sentencing decisions .... ”).

*634 The district court did not plainly err when it allowed the probation officer to determine Tapia-Romero’s share of the treatment costs.…

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