295 F. App'x 232

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Manuel TORRES-MARTINEZ, Defendant-Appellant.

No. 07-10079.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 8, 2008.*

Filed Sept. 30, 2008.

Albert L. Kleiner, USTU-Office of the U.S. Attorney Evo A. Deconcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.

Francisco Leon, Esq., Tucson, AZ, for Defendant-Appellant.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

MEMORANDUM **

Jesus Manuel Torres-Martinez appeals from the 41-month sentence imposed following his guilty-plea conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952(a) and 960(a)(1), (b)(2)(G), and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(B)(vii). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Torres-Martinez contends that the district court erred at sentencing by: (1) failing to consider and discuss the factors set forth in 18 U.S.C. § 3553(a); (2) placing undue weight on the advisory Guidelines range; and (3) considering the fact that he did not plead guilty pursuant to a plea agreement. Torres-Martinez further contends that his sentence is unreasonable. We conclude that the district court did not commit procedural error and that Torres-Martinez’s sentence is substantively reasonable. See Rita v. United States, 551 U.S. 338, 127 S.Ct. 2456, 2468-69, 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 994-96 (9th Cir.2008) (en banc); see also United States v. ReinaRodriguez, 468 F.3d 1147, 1158-59 (9th Cir.2006), overruled on other grounds by United States v. Grisel, 488 F.3d 844, 851 n. 5 (9th Cir.2007).

AFFIRMED.

United States v. Torres-Martinez
295 F. App'x 232

Case Details

Name
United States v. Torres-Martinez
Decision Date
Sep 30, 2008
Citations

295 F. App'x 232

Jurisdiction
United States

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