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No. 8693583
United States Court of Appeals for the Ninth Circuit
United States v. Gutierrez-Farias
No. 8693583 · Decided February 24, 2015
No. 8693583·Ninth Circuit · 2015·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 24, 2015
Citation
No. 8693583
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** In these consolidated appeals, Hermilo Gutierrez-Farias appeals the 37-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326 , and the four-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Gutierrez-Farias contends that the district court erred by failing to consider adequately his request for a downward variance under 18 U.S.C. § 3553 (a)(6). We review for plain error, see United States v. Rangel, 697 F.3d 795, 805 (9th Cir.2012), and find none. The record reflects that the district court considered the need to avoid unwarranted sentencing disparities and sufficiently explained the sentence. See United States v. Carty, 520 F.3d 984, 992 (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.
Plain English Summary
MEMORANDUM ** In these consolidated appeals, Hermilo Gutierrez-Farias appeals the 37-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** In these consolidated appeals, Hermilo Gutierrez-Farias appeals the 37-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C.
02§ 1326 , and the four-month consecutive sentence imposed upon revocation of supervised release.
03Gutierrez-Farias contends that the district court erred by failing to consider adequately his request for a downward variance under 18 U.S.C.
04The record reflects that the district court considered the need to avoid unwarranted sentencing disparities and sufficiently explained the sentence.
Frequently Asked Questions
MEMORANDUM ** In these consolidated appeals, Hermilo Gutierrez-Farias appeals the 37-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Gutierrez-Farias in the current circuit citation data.
This case was decided on February 24, 2015.
Use the citation No. 8693583 and verify it against the official reporter before filing.