Millan-Castro

United States v. Millan-Castro

Good Law
284 F. App'x 485
United States Court of Appeals for the Ninth CircuitJuly 3, 2008No. 07-10110California343 words

Opinion

Lead Opinion

MEMORANDUM **

Sergio Millan-Castro appeals the 40-month sentence imposed following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 , and possession of a firearm by an illegal alien, in violation of 18 U.S.C. §§ 922 (g)(5) and 924(a). He contends that his below-Guidelines-range sentence was unreasonable and contrary to 18 U.S.C. § 3553 (a) because the district court gave undue emphasis to the advisory Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the reasonableness of a sentence for an abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc), cert. denied, — U.S. -, 128 S.Ct. 2491 , 171 L.Ed.2d 780 (2008). “All sentencing proceedings are to begin by determining the applicable Guidelines range.” Id. at 991 . “The parties must be given a chance to argue for a sentence they believe is appropriate.” Id. “The district court should then consider the § 3553(a) factors to decide if they support the sentence suggested by the parties.” Id. The Guidelines factor should not “be given more or less weight than any other.” Id.

*486 The district court followed this procedure. The…

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