United States v. Quinones-Gutierrez
Opinion of the Court
MEMORANDUM
Ricardo Quinones-Gutierrez appeals from the 84-month sentence following his
Appellant contends that the district court abused its discretion in imposing the 84-month sentence in this case. But the sentence is reasonable because the district court correctly calculated the Guidelines range and then applied the statutory factors. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, — U.S.-, 126 S.Ct. 2314, 164 L.Ed.2d 832 (2006). Nor is it so grossly disproportionate to the crime as to constitute cruel and unusual punishment. See United States v. Estrada-Plata, 57 F.3d 757, 762-63 (9th Cir. 1995) (16-level enhancement not disproportionate); United States v. Cupa-Guillen, 34 F.3d 860, 864-65 (9th Cir. 1994) (100-month sentence for illegal reentry following deportation for felony drug crimes not cruel or unusual).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Ricardo QUINONES-GUTIERREZ
- Status
- Published