United States v. Jesus Virrey-Camez

585 F. App'x 481

Opinion

MEMORANDUM **

Jesus Antonio Virrey-Camez appeals from the 48-month sentence imposed on resentencing following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Virrey-Camez contends that the district court imposed a substantively unreasonable sentence because it gave too much weight to the facts underlying the dismissed importation count. The district court did not abuse its discretion in imposing Virrey-Camez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). A court may consider dismissed counts at sentencing. See U.S.S.G. § 1B1.4; United States v. Barragan-Espinoza, 350 F.3d 978, 983 (9th Cir.2003). In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the below-Guidelines sentence is substantively reasonable. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.

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