From Casetext: Smarter Legal Research

U.S. v. Ramirez-Franco

United States Court of Appeals, Ninth Circuit
Jul 2, 2008
284 F. App'x 457 (9th Cir. 2008)

Opinion

No. 06-50227.

Submitted June 18, 2008.

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

Filed July 2, 2008.

Becky S. Walker, Esq., Robert McGahan, AUSA, Office of the U.S. Attorney, Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.

Jonathan D. Libby, Esq., Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Central District of California, Manuel L. Real, District Judge, Presiding. D.C. No. CR-03-00466-R-1.

Before: LEAVY, HAWKINS, and W. FLETCHER, Circuit Judges.



MEMORANDUM

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

Jose Guadalupe Ramirez-Franco appeals from the district court's decision, following a limited remand pursuant to United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc), concluding that it would not have imposed a materially different sentence had it known the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Ramirez-Franco contends that the district court erred by failing to articulate any reason for his sentence and that his sentence is unreasonable. We conclude that the district court understood "the full scope of [its] discretion in a post-Booker world," see United States v. Combs, 470 F.3d 1294, 1297 (9th Cir. 2006), and that Ramirez-Franco has not raised any issues that are reviewable, see United States v. Thornton, 511 F.3d 1221, 1226 (9th Cir. 2008).

AFFIRMED.


Summaries of

U.S. v. Ramirez-Franco

United States Court of Appeals, Ninth Circuit
Jul 2, 2008
284 F. App'x 457 (9th Cir. 2008)
Case details for

U.S. v. Ramirez-Franco

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Jose Guadalupe…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 2, 2008

Citations

284 F. App'x 457 (9th Cir. 2008)