United States v. Guerrero-Melchor

383 F. App'x 659
Court of Appeals for the Ninth Circuit·Decided June 11, 2010·No. Nos. 08-10062, 08-10553·Published

Opinion

MEMORANDUM **

In these consolidated appeals, Ivan Guerrero-Melchor appeals from the 92-month sentence imposed following his jury-trial conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Guerrero-Melchor contends that the district court procedurally erred by treating the Sentencing Guidelines as mandatory and by failing to consider the 18 U.S.C. § 3553(a) sentencing factors. The record reflects that the district court was aware of its discretion under the advisory Sentencing Guidelines, adequately considered the § 3553(a) sentencing factors, and provided a reasoned explanation for the sentence imposed. See United States v. Carty, 520 F.3d 984, 992-96 (9th Cir.2008) (en banc); see also United States v. Diaz-Argueta, 564 F.3d 1047, 1051-52 (9th Cir.2009).

AFFIRMED.

Footnotes

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United States v. Guerrero-Melchor, 383 F. App'x 659 (9th Cir. 2010).

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Related

United States v. Diaz-Argueta
564 F.3d 1047 (Ninth Circuit, 2009)
United States v. Carty
520 F.3d 984 (Ninth Circuit, 2008)