Opinion
No. 07-10003.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 26, 2007.
Laurel J. Montoya, Esq., USF — Office of the U.S. Attorney, Fresno, CA, for Plaintiff-Appellee.
Francine Zepeda, FPDCA — Federal Public Defender's Office, Fresno, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of California, Anthony W. Ishii, District Judge, Presiding. D.C. No. CR-03-05053-AWI.
Before: TROTT, W. FLETCHER, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Anthony Leon Johnson appeals from the 240-month sentence imposed following this court's order remanding for resentencing in light of United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Johnson contends that his sentence is unreasonable because the district court's use of the career offender sentencing enhancement created a " de facto mandatory sentencing system" that ran afoul of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). To the contrary, the district court judge properly calculated the advisory Sentencing Guidelines range and considered the sentencing factors pursuant to 18 U.S.C. § 3553(a). Accordingly, we conclude that Johnson's sentence is not unreasonable. See United States v. Plouffe, 445 F.3d 1126, 1131-32 (9th Cir.), cert. denied, 547 U.S. 1158, 126 S.Ct. 2314, 164 L.Ed.2d 832 (2006).