Sanchez-Castro

United States v. Sanchez-Castro

Good Law
286 F. App'x 1001
United States Court of Appeals for the Ninth CircuitAugust 11, 2008No. 05-50665California528 words

Opinion

Lead Opinion

MEMORANDUM **

Marcos Sanchez-Castro appeals the sentence imposed following his plea of guilty to illegal reentry following deportation in violation of 8 U.S.C. § 1326 . He seeks reversal of his sentence on six grounds, which are squarely foreclosed by our case law. We affirm the sentence issued by the district court.

Sanchez-Castro argues that his sentence was unreasonable. We disagree. The district court properly calculated the applicable Guidelines range, dutifully considered the factors enumerated in 18 U.S.C. § 3553 , and sentenced Sanchez-Castro to the low end of the applicable range. See Rita v. United, States, — U.S.-, 127 S.Ct. 2456, 2465 , 168 L.Ed.2d 203 (2007); see also United States v. Carty, 520 F.3d 984, 993-94 (9th Cir.2008) (en banc).

Sanchez-Castro also argues that a sixteen-level enhancement of his offense level based on a prior conviction was unconstitutional, arguing that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) was implicitly overruled by United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and its predecessor Sixth Amendment cases. We rejected this argument in United States v.…

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