United States v. Pena-Carrillo
United States v. Pena-Carrillo
Opinion of the Court
MEMORANDUM
Defendant-Appellant Guadalupe Pena-Carrillo appeals a 77-month sentence imposed following his guilty plea to one count of illegal re-entry after deportation. See 8 U.S.C. § 1326. We omit the relevant facts as they are known to the parties.
To the extent Pena-Carrillo argues that the district court erred because it did not recite on the record its analysis of each and every factor under 18 U.S.C. § 3553(a), this argument is foreclosed by our recent holding in United States v. Knows His Gun, 438 F.3d 913 (9th Cir. 2006). We reject Pena-Carrillo’s argument because the “requirement [that the sentencing court consider the § 3553(a) factors] does not necessitate a specific articulation of each factor separately, but rather a showing that the district court considered the statutorily-designated factors in imposing a sentence.” Id. at 918.
Pena-Carrillo also appears to argue that the district court erred because it failed to “provide a record reflecting that appropriate factors were considered.”
In general, the record clearly establishes that the district court considered the statutorily-designated § 3553(a) factors in imposing a sentence. See Knows His Gun, 438 F.3d at 918-919; United States v. Menyweather, 431 F.3d 692, 696 (9th Cir. 2005). It also establishes that the district court considered the § 3553(a) factors in deciding that Pena-Carrillo’s sentence should run consecutive to his existing state sentences. See United States v. Fifield, 432 F.3d 1056, 1064 (9th Cir. 2005). Moreover, the district court fulfilled its obligation to provide a reasoned explanation for its sentencing decision sufficient to facilitate appellate review. See Menyweather, 431 F.3d at 701.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.