United States v. Jose Gonzalez

Good Law
United States Court of Appeals for the Ninth CircuitMay 18, 202322-50098California140 words

Opinion

facts in the record.’” Grant, 727 F.3d at 933 (quoting United States v. Maier, 646

F.3d 1148, 1156 (9th Cir. 2011)).

Viewing the totality of the circumstances, which involved law enforcement’s

post-deportation discovery of Gonzalez living in this country in a home with a

loaded semi-automatic rifle, and a large quantity of stolen goods in his garage, the

district court’s imposition of a twenty-four-month sentence, which was more than

the six- to twelve-month Guidelines range but less than the thirty-three months

sought by the government, and within the sixty-month statutory range, was not

substantively unreasonable. Recognizing the district court’s “superior position to

find facts and judge their import under § 3553(a),” Gall, 552 U.S. at 51 (citation

omitted), the district court did not abuse its discretion in imposing a twenty-four-

month sentence upon revocation of Gonzalez’s supervised release.

AFFIRMED.

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