United States v. Aguilar-Canche

362 F. App'x 618

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 11, 2010
• Docket: Nos. 08-30350, 08-30351
• Status: Published

Opinion

MEMORANDUM

**

In these consolidated appeals, Lauro Aguilar-Canche appeals from the 60-month sentence and the 120-month consecutive sentence imposed following his guilty-plea conviction for various drug offenses, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and (b)(1)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Aguilar-Canche contends that the district court erred by placing undue emphasis on his alleged involvement in a tobacco smuggling scheme while he was detained pretrial, and on the fact that he committed the second offense while on pretrial release for the first offense. The district court conducted a well-reasoned and balanced analysis of the 18 U.S.C. § 3553(a) sentencing factors, and the sentence imposed is substantively reasonable. United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc).

Counsel’s motion to withdraw is denied.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.