United States v. Gutierrez-Perez
United States v. Gutierrez-Perez
Opinion of the Court
MEMORANDUM
Ramon Gutierrez-Perez appeals from the 30-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.
Gutierrez-Perez contends that the district court procedurally erred by failing to: (i) use the Guidelines range as a starting point for sentencing and keep the Guidelines in mind during sentencing, (ii) consider the 18 U.S.C. § 3553(a) factors other than deterrence, and (iii) explain the extent of the upward variance. The record belies these contentions. The district court determined the correct Guidelines range, listened to Gutierrez-Perez’s mitigating arguments, considered the section 3553(a) factors, and sufficiently explained the sentence imposed. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
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.