Opinion
No. 07-30135.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 28, 2008.
Helen J. Brunner, Esq., Jill Otake, Esq., USSE — Office of the U.S. Attorney, Seattle, WA, for Plaintiff-Appellee.
Peter Joseph Avenia, Esq., FPDWA — Federal Public Defender's Office Western District of Washington, Seattle, WA, for Defendants-Appellant.
Appeal from the United States District Court for the Western District of Washington, Thomas S. Zilly, District Judge, Presiding. D.C. No. CR-06-00450-001-TSZ.
Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Manuel Arechiga-Gil appeals from the 30-month sentence imposed 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 the district court.
Arechiga-Gil contends that his sentence was unreasonable because the district court refused to grant fast-track reductions, creating an unwarranted sentencing disparity between him and other defendants with similar records in the Western District of Washington. We conclude that Arechiga-Gil's sentence is not unreasonable in light of the district court's consideration of the factors contained in 18 U.S.C. § 3553(a), including the need to avoid unwarranted sentencing disparities. See United States v. Booker, 543 U.S. 220, 261, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); see also Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 597-98, 169 L.Ed.2d 445 (2007).