United States v. Gutierrez-Barreda
United States v. Gutierrez-Barreda
Opinion of the Court
MEMORANDUM
Ernesto Gutierrez-Barreda appeals from the district court’s decision, following a limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc), that it would not have imposed a different sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Gutierrez-Barreda contends that the district court did not understand the full scope of its discretion under the advisory guidelines because it treated the guideline range as presumptively correct. The record, however reflects that the district court did not treat the guideline range as possessing any greater weight than the rest of the statutory factors. See United States v. Carty, 520 F.3d 984, 996 (9th Cir. 2008) (en banc); see also United States v. Combs, 470 F.3d 1294, 1296-97 (9th Cir. 2006).
Gutierrez-Barreda also contends that the district court erred in finding that, in spite of his guilty plea of attempted illegal reentry, he had not fully accepted responsibility under U.S.S.G. § 3El.l(a). Although this contention is properly before us because it was raised, but not addressed prior to the Ameline remand, the contention lacks merit. See United States v. Thornton, 511 F.3d 1221, 1227 (9th Cir. 2008). Because Gutierrez-Barreda received an enhancement for obstruction of justice under U.S.S.G. § 3C1.1 due to his
Finally, we hold that because GutierrezBarreda was not entitled to a downward adjustment under § 3El.l(a), he necessarily was not entitled to an additional adjustment under § 3El.l(b). See United States v. Jeter, 236 F.3d 1032, 1035 (9th Cir. 2001).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.