United States v. Salas
United States v. Salas
Opinion of the Court
MEMORANDUM
Pedro Salas (“Martinez”)
Fed.R.Crim.P. 32(c)(3)(C) provides that before imposing sentence, the court must “address the defendant personally and determine whether the defendant wishes to make a statement and to present any information in mitigation of the sentence.” See United States v. Leasure, 122 F.3d 837, 840 (9th Cir. 1997).
Before imposing Martinez’s sentence, the district court denied Martinez’s motion for a downward departure and indicated that it intended to sentence Martinez at the low end of the guideline range. The court told Martinez that it refused to depart downward, but offered him an opportunity to speak or present any information before it imposed “a low-end sentence.” Significantly, the court stated that while it was giving Martinez a sentence “as low as it goes in the absence of a departure,” it still wanted to give him “a chance to tell anything else that [hadn’t] been emphasized.” Martinez made a statement and the court imposed the 70 month term.
AFFIRMED.
-pjjjg disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9 th Cir. R. 36-3.
. Mr. Salas, whose true name is Silvano Martinez-Loza, indicated to the district court that he prefers to be called "Martinez.’
Case-law data current through December 31, 2025. Source: CourtListener bulk data.