Torres

United States v. Torres

Good Law
285 F. App'x 342
United States Court of Appeals for the Ninth CircuitJune 23, 2008No. 05-50667California475 words

Opinion

Lead Opinion

MEMORANDUM **

Roman Torres appeals his sentence of ’ 188 months imprisonment and five-year period of supervised release imposed following his guilty plea to possession with intent to distribute methamphetamine, in. violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . See United States v. Plouffe, 445 F.3d 1126, 1128 (9th Cir.2006) (as amended). We affirm.

The district court correctly determined the applicable Guideline range. Using the Guideline range of 188 to 235 months as ‘a starting point, the court then properly considered the 18 U.S.C. § 3553 (a) factors in determining Torres’s sentence and made “an individualized determination based on the facts.” See United States v. Carty, 520 F.3d 984, 991 (9th Cir.2008) (en banc). Torres’s sentence at the low end of the Guideline range was reasonable. The district court’s rejection of the below-Guideline 120-month sentence requested by Torres and the probation officer, a recommendation which the district court found unjustified, was not an abuse of discretion. See id. at 993-94 (“[W]e shall simply abide by the Supreme Court’s admonition that ‘when the judge’s…

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