United States v. Martinez-Venegas
Opinion of the Court
MEMORANDUM
Ricardo Martinez-Venegas appeals from his sentence of 29 months and one week imposed following a guilty plea to unlawful entry by eluding examination and inspection by Immigration Officers, in violation of 8 U.S.C. § 1325(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Martinez-Venegas contends that the district court failed to consider the factors set forth in 18 U.S.C. § 3553(a) in general, and specifically misapplied § 3553(a)(6) by failing to consider circumstances that distinguish Martinez-Venegas from others convicted of the same offense. We disagree. The district court’s statements, in totality, provide a sufficient showing that there was adequate consideration given to the § 3553(a) factors. See United States v. Knows His Gun, 438 F.3d 913, 918-19 (9th Cir.), cert. denied, — U.S.-, 126 S.Ct. 2913, 165 L.Ed.2d 931 (2006). While the district court did express a concern for maintaining some uniformity of sentences
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 MARTINEZ-VENEGAS
- Status
- Published