Gutierrez-Hernandez

United States v. Gutierrez-Hernandez

Good Law
280 F. App'x 609
United States Court of Appeals for the Ninth CircuitMay 28, 2008No. 07-50446California286 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Gutierrez-Hernandez appeals from the 24-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 . We affirm, but remand to correct the judgment.

Gutierrez-Hernandez contends that his sentence is procedurally unreasonable because the district court placed improper *610 weight on his criminal history, failed to properly respond to his arguments at sentencing, and failed to conduct an individualized analysis in light of the factors contained in 18 U.S.C. § 3553 (a). He further contends that the district court failed to provide sufficient reasoning pursuant to 18 U.S.C. § 3553 (c) in imposing his sentence.

The record reflects, however, that in imposing a sentence at the bottom of the Guidelines range, the district court specifically noted that it had considered his contentions and considered the § 3553(a) factors without giving undue weight to any single factor. See Rita v. United States, -U.S.-, 127 S.Ct. 2456, 2468-69 , 168 L.Ed.2d 203 (2007). In addition, the court stated the reasons for the sentence imposed in enough detail to demonstrate that it had…

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