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No. 8625830
United States Court of Appeals for the Ninth Circuit
United States v. Blanco-Gallegos
No. 8625830 · Decided November 14, 2006
No. 8625830·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 14, 2006
Citation
No. 8625830
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jose Guadalupe Blanco-Gallegos appeals from the 77-month prison sentence im *627 posed after 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 pursuant to 28 U.S.C. § 1291 , and we affirm. Blanco-Gallegos contends that his sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the district court failed to consider his personal history and characteristics in addressing the factors pursuant to 18 U.S.C. § 3553 (a). We conclude that the district court properly considered the advisory Sentencing Guidelines and the § 3553(a) factors in imposing the sentence. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, — U.S.-, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006). The record shows that the district court considered Blanco-Gallegos’s criminal history and the need to protect the public from his pattern of returning to the United States and committing crimes. Contrary to BlancoGallegos’s contentions, the district court considered his personal history and characteristics by noting that he came to the United States at a young age, his familial ties to the United States, and the achievements of his family. Accordingly, we conclude that Blanco-Gallegos’s sentence was reasonable. See id. AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Jose Guadalupe Blanco-Gallegos appeals from the 77-month prison sentence im *627 posed after his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Jose Guadalupe Blanco-Gallegos appeals from the 77-month prison sentence im *627 posed after his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C.
02Blanco-Gallegos contends that his sentence is unreasonable under United States v.
03738 , 160 L.Ed.2d 621 (2005), because the district court failed to consider his personal history and characteristics in addressing the factors pursuant to 18 U.S.C.
04We conclude that the district court properly considered the advisory Sentencing Guidelines and the § 3553(a) factors in imposing the sentence.
Frequently Asked Questions
MEMORANDUM ** Jose Guadalupe Blanco-Gallegos appeals from the 77-month prison sentence im *627 posed after his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Blanco-Gallegos in the current circuit citation data.
This case was decided on November 14, 2006.
Use the citation No. 8625830 and verify it against the official reporter before filing.