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No. 8688227
United States Court of Appeals for the Ninth Circuit
United States v. Palomares-Gonzalez
No. 8688227 · Decided August 6, 2008
No. 8688227·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 6, 2008
Citation
No. 8688227
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** David Palomares-Gonzalez appeals from his 108-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. *520 Palomares-Gonzalez contends that the district court procedurally erred by failing to adequately explain the sentence, failing to take into consideration all of the factors contained in 18 U.S.C. § 3553 (a), basing the sentence on findings that are not supported by the record, and making the Guidelines range as “presumptively appropriate” or “the predominant factor.” These contentions are belied by the record. We conclude that there was no procedural error, and we reject Palomares-Gonzalez’s contention that the sentence is substantively reasonable. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 594, 597 , 169 L.Ed.2d 445 (2007); 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.
Plain English Summary
MEMORANDUM ** David Palomares-Gonzalez appeals from his 108-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C.
Key Points
01MEMORANDUM ** David Palomares-Gonzalez appeals from his 108-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C.
02*520 Palomares-Gonzalez contends that the district court procedurally erred by failing to adequately explain the sentence, failing to take into consideration all of the factors contained in 18 U.S.C.
03§ 3553 (a), basing the sentence on findings that are not supported by the record, and making the Guidelines range as “presumptively appropriate” or “the predominant factor.” These contentions are belied by the record.
04We conclude that there was no procedural error, and we reject Palomares-Gonzalez’s contention that the sentence is substantively reasonable.
Frequently Asked Questions
MEMORANDUM ** David Palomares-Gonzalez appeals from his 108-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C.
FlawCheck shows no negative treatment for United States v. Palomares-Gonzalez in the current circuit citation data.
This case was decided on August 6, 2008.
Use the citation No. 8688227 and verify it against the official reporter before filing.