Acevedo

United States v. Acevedo

Good Law
279 F. App'x 570
United States Court of Appeals for the Ninth CircuitMay 27, 2008No. 07-50277California214 words

Opinion

Lead Opinion

MEMORANDUM **

Sergio Martinez Acevedo appeals from the 64-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction *571 pursuant to 28 U.S.C. § 1291 , and we affirm.

Acevedo contends that the district court impermissibly enhanced his sentence based upon a prior conviction that was neither admitted by him nor proven beyond a reasonable doubt. This contention is foreclosed. See Apprendi v. New Jersey, 5 30 U.S. 466 , 490, 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000).

Acevedo also contends that the district court’s sentence was unreasonable because it assigned undue weight to certain 18 U.S.C. § 3553 (a) sentencing factors while excluding others, and by neglecting to address his requests for adjustments and departures. Acevedo’s contention fails as the record reflects that the district court fashioned a sentence based upon a consideration of all relevant § 3553(a) factors, and rejected Acevedo’s arguments for downward adjustments and departures. The district court did not procedurally err, and the sentence imposed is not substantively unreasonable. See Gall v. United - U.S. -, 128 S.Ct.…

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