United States v. Delaney
United States v. Delaney
Opinion of the Court
MEMORANDUM
Daniel Luis Delaney appeals from the district court’s decision, following a limited remand under United States v. Moreno-Hernandez, 419 F.3d 906, 915-16 (9th Cir. 2005), that the sentence it imposed would not have been materially different had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Delaney contends that the district court’s decision not to resentence him was unreasonable because, upon remand, the district court: (1) did not have sufficient evidence regarding his history and characteristics; and (2) did not consider the factors set forth in 18 U.S.C. § 3553(a). We conclude that the district court “properly understood the full scope of [its] discretion in a post -Booker world.” See United States v. Combs, 470 F.3d 1294, 1296-97 (9th Cir. 2006).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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