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U.S. v. Palomares-Gonzalez

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 519 (9th Cir. 2008)

Opinion

No. 05-10562.

Submitted July 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 6, 2008.

Craig S. Denney, Esq., USRE-Office of the U.S. Attorney, Reno, NV, for Plaintiff Appellee.

Paul G. Yohey, Esq., Reno, NV, for Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada, Edward C. Reed, Jr., District Judge, Presiding. D.C. No. CR-04-00087-ECR.

Before: B. FLETCHER, THOMAS, and WARDLAW, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


David Palomares-Gonzalez appeals from his 108-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. § 846. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Palomares-Gonzalez contends that the district court procedurally erred by failing to adequately explain the sentence, failing to take into consideration all of the factors contained in 18 U.S.C. § 3553(a), basing the sentence on findings that are not supported by the record, and making the Guidelines range as "presumptively appropriate" or "the predominant factor." These contentions are belied by the record. We conclude that there was no procedural error, and we reject PalomaresGonzalez's contention that the sentence is substantively reasonable. See Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 594, 597, 169 L.Ed.2d 445 (2007); United States v. Catty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).

AFFIRMED.


Summaries of

U.S. v. Palomares-Gonzalez

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 519 (9th Cir. 2008)
Case details for

U.S. v. Palomares-Gonzalez

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. David PALOMARES-GONZALEZ…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 6, 2008

Citations

286 F. App'x 519 (9th Cir. 2008)