United States v. Miguel Loreto

U.S. Court of Appeals for the Ninth Circuit
United States v. Miguel Loreto, 458 F. App'x 596 (9th Cir. 2011)

United States v. Miguel Loreto

Opinion

MEMORANDUM **

Miguel Angel Loreto appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Loreto contends that the district court erred by imposing a sentence that it determined was reasonable, rather than one that was “sufficient, but not greater than necessary, to comply with the purposes” of sentencing set forth in 18 U.S.C. § 3553(a). Whether review is for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008), or abuse of discretion, the result is the same. We conclude that the district court did not procedurally err, and that the sentence at the bottom of the Guidelines range is substantively reasonable under the totality of the circumstances and in light of the sentencing factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

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 of America, Plaintiff-Appellee, v. Miguel Angel LORETO, A.K.A. Angel Loreto-Miguel, A.K.A. Jorge Matinez Rodriguez, Defendant-Appellant
Status
Unpublished