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United States v. Blanco-Gallegos
Citation: 205 F. App'x 626Docket: No. 06-10227
Court: Court of Appeals for the Ninth Circuit; November 13, 2006; Federal Appellate Court
Jose Guadalupe Blanco-Gallegos appeals a 77-month prison sentence following his guilty plea for being a deported alien found in the U.S., violating 8 U.S.C. § 1326. The court has jurisdiction under 28 U.S.C. § 1291 and affirms the sentence. Blanco-Gallegos argues that his sentence is unreasonable under United States v. Booker because the district court did not adequately consider his personal history and characteristics as required by 18 U.S.C. § 3553(a). However, the court finds that the district court appropriately considered the advisory Sentencing Guidelines and § 3553(a) factors when imposing the sentence. The record indicates that the district court took into account Blanco-Gallegos’s criminal history and the necessity of public protection due to his repeated illegal entries and crimes. Additionally, the court acknowledged his personal background, including his early arrival in the U.S., familial ties, and family achievements. Therefore, the sentence is deemed reasonable and is affirmed. This memorandum is not for publication and is not to be cited in future cases per 9th Cir. R. 36-3.