Gutierrez-Barreda

United States v. Gutierrez-Barreda

Good Law
285 F. App'x 390
United States Court of Appeals for the Ninth CircuitJuly 8, 2008No. 06-10025California383 words

Opinion

Lead Opinion

MEMORANDUM **

Ernesto Gutierrez-Barreda appeals from the district court’s decision, following a limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), that it would not have imposed a different sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Gutierrez-Barreda contends that the district court did not understand the full scope of its discretion under the advisory guidelines because it treated the guideline range as presumptively correct. The record, however reflects that the district court did not treat the guideline range as possessing any greater weight than the rest of the statutory factors. See United States v. Carty, 520 F.3d 984, 996 (9th Cir.2008) (en banc); see also United States v. Combs, 470 F.3d 1294, 1296-97 (9th Cir.2006).

Gutierrez-Barreda also contends that the district court erred in finding that, in spite of his guilty plea of attempted illegal reentry, he had not fully accepted responsibility under U.S.S.G. § 3El.l(a). Although this contention is properly before us because it was raised, but not addressed prior to the Ameline remand,…

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