United States v. Jesus Virrey-Camez
Opinion
MEMORANDUM **
Jesus Antonio Virrey-Camez appeals from the 48-month sentence imposed on resentencing following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Virrey-Camez contends that the district court imposed a substantively unreasonable sentence because it gave too much weight to the facts underlying the dismissed importation count. The district court did not abuse its discretion in imposing Virrey-Camez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). A court may consider dismissed counts at sentencing. See U.S.S.G. § 1B1.4; United States v. Barragan-Espinoza, 350 F.3d 978, 983 (9th Cir. 2003). In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the below-Guidelines sentence is substantively reasonable. See Gall, 552 U.S. at 51, 128 S.Ct. 586.
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. Jesus Antonio VIRREY-CAMEZ, Defendant-Appellant
- Status
- Unpublished