Juan Gonzalez-Lopez appealed his forty-month sentence for transporting certain aliens under 8 U.S.C. § 1324(a)(1)(A)(ii). The district court had calculated an offense level of 11 under the Sentencing Guidelines but imposed an above-Guidelines sentence. Gonzalez-Lopez argued on appeal that the district court procedurally erred by failing to treat the Guidelines as the mandatory starting point, inadequately explaining the upward variance, and misapplying the sentencing-disparity analysis required by 18 U.S.C. § 3553(a)(6).
The Ninth Circuit reviewed the appeal for plain error regarding the first two claims because Gonzalez-Lopez did not object at sentencing, and for abuse of discretion regarding the third claim. First, the court clarified that while the Guidelines must be the starting point, they are advisory. The record showed the district court calculated the Guidelines range before considering the 18 U.S.C. § 3553(a) factors, so there was no error. Second, regarding the explanation of the variance, the court found the district judge adequately explained the sentence based on the seriousness of the offense and had provided advance notice of a potential variance. Third, concerning sentencing disparity, the court held that § 3553(a)(6) does not require a court to compare a defendant's sentence to every prior case. The district court had reviewed the defendant's supplemental memorandum and considered similar cases, even if it did not name specific prior decisions. Finally, the court rejected the claim that the judge misremembered facts of prior cases, noting that the facts in Gonzalez-Lopez's own case were undisputed and there is no authority requiring a judge to accurately recall facts of other cases not specifically named.
The decision reinforces that the Sentencing Guidelines are advisory and that district courts have broad discretion to impose above-Guidelines sentences if they adequately explain the reasoning based on statutory factors. It clarifies that judges are not required to disclose every prior case they consider when analyzing sentencing disparities, provided they have considered the relevant factors. The case is remanded with instructions to affirm the sentence.
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