United States v. Miguel Negron
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Janis L. Sammartino (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- criminal
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
FILED NOT FOR PUBLICATION MAR 31 2010
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50380 Plaintiff - Appellee, D.C. No. 3:08-cr-01007-JLS v. MEMORANDUM * MIGUEL ANGEL NEGRON, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted March 16, 2010 ** Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Miguel Angel Negron appeals from the 70-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
SR/Research violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Negron contends that the district court procedurally erred by failing to consider and discuss certain facts and factors and also contends that the sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, and the sentence is not substantively unreasonable in light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 49-51 (2007); Rita v. United States, 551 U.S.
338, 356-59 (9th Cir. 2007); United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.
2008) (en banc).
AFFIRMED.
SR/Research 2 09-50380