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No. 8643913
United States Court of Appeals for the Ninth Circuit
United States v. Xingu-Gutierrez
No. 8643913 · Decided August 22, 2007
No. 8643913·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 22, 2007
Citation
No. 8643913
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** German Xingu-Gutierrez appeals from the 23-month and one-week sentence im *67 posed following his guilty-plea conviction for unlawful entry by eluding examination and inspection by immigration officers, in violation of 8 U.S.C. § 1325 (a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Xingu-Gutierrez contends that the district court erred by not articulating on the record its consideration of the factors set forth in 18 U.S.C. § 3553 (a). Because the record reflects that Xingu-Gutierrez and the government agreed upon a proposed sentence, and the district court set forth “a reasoned basis” for the sentence, we conclude that the district court did not err. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2468 , 168 L.Ed.2d 203 (2007). 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 ** German Xingu-Gutierrez appeals from the 23-month and one-week sentence im *67 posed following his guilty-plea conviction for unlawful entry by eluding examination and inspection by immigration officers, in violation of 8 U.S.C
Key Points
01MEMORANDUM ** German Xingu-Gutierrez appeals from the 23-month and one-week sentence im *67 posed following his guilty-plea conviction for unlawful entry by eluding examination and inspection by immigration officers, in violation of 8 U.S.C
02Xingu-Gutierrez contends that the district court erred by not articulating on the record its consideration of the factors set forth in 18 U.S.C.
03Because the record reflects that Xingu-Gutierrez and the government agreed upon a proposed sentence, and the district court set forth “a reasoned basis” for the sentence, we conclude that the district court did not err.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** German Xingu-Gutierrez appeals from the 23-month and one-week sentence im *67 posed following his guilty-plea conviction for unlawful entry by eluding examination and inspection by immigration officers, in violation of 8 U.S.C
FlawCheck shows no negative treatment for United States v. Xingu-Gutierrez in the current circuit citation data.
This case was decided on August 22, 2007.
Use the citation No. 8643913 and verify it against the official reporter before filing.