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No. 8642365
United States Court of Appeals for the Ninth Circuit
United States v. Saldivar-Pineda
No. 8642365 · Decided August 7, 2007
No. 8642365·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 7, 2007
Citation
No. 8642365
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Francisco Saldivar-Pineda appeals from his 147-month sentence imposed following his guilty plea to possession of methamphetamine, heroin, and cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(1)(B), and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(l)(A)(i). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Saldivar-Pineda argues 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 appropriately consider the factors set forth in 18 U.S.C. § 3553 (a). We disagree. The district court properly considered and addressed the relevant § 3553(a) factors in imposing a reasonable sentence at the low end of the advisory Sentencing Guidelines range. See Rita v. United States, — U.S. -, -, 127 S.Ct. 2456, 2469-70 , 168 L.Ed.2d 203 (2007); see also United States v. Plouffe, 445 F.3d 1126, 1131-32 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006); United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Francisco Saldivar-Pineda appeals from his 147-month sentence imposed following his guilty plea to possession of methamphetamine, heroin, and cocaine with intent to distribute, in violation of 21 U.S.C.
Key Points
01MEMORANDUM ** Francisco Saldivar-Pineda appeals from his 147-month sentence imposed following his guilty plea to possession of methamphetamine, heroin, and cocaine with intent to distribute, in violation of 21 U.S.C.
02§§ 841 (a)(1) & (b)(1)(B), and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C.
03Saldivar-Pineda argues that his sentence is unreasonable under United States v.
04738 , 160 L.Ed.2d 621 (2005), because the district court failed to appropriately consider the factors set forth in 18 U.S.C.
Frequently Asked Questions
MEMORANDUM ** Francisco Saldivar-Pineda appeals from his 147-month sentence imposed following his guilty plea to possession of methamphetamine, heroin, and cocaine with intent to distribute, in violation of 21 U.S.C.
FlawCheck shows no negative treatment for United States v. Saldivar-Pineda in the current circuit citation data.
This case was decided on August 7, 2007.
Use the citation No. 8642365 and verify it against the official reporter before filing.