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U.S. v. TAPIA-ROMERO

No. 05-50121.

523 F.3d 1125 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe Daniel TAPIA-ROMERO, a/k/a David Perales Meraz, Daniel Pato, Felipe Daniel Pato, Felipe Romero Pato, Felipe Romero, Felipe Daniel Romero, Daniel Sanchez, Danny Tapia, Felipe Tapia, Felipe Daniel Tapia, Felipe Romero Tapia, Felipe Daniel Topia, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission deferred November 22, 2006.

Resubmitted April 24, 2008.

Filed May 1, 2008.

Attorney(s) appearing for the Case

Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Ranee A. Katzenstein, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: ROBERT R. BEEZER, T.G. NELSON, and RONALD M. GOULD, Circuit Judges.

T.G. NELSON, Circuit Judge:

In this opinion, we hold that the district court correctly concluded that the cost to society of imprisoning a defendant is not a factor to be considered in determining the appropriate length of a defendant's term of imprisonment under 18 U.S.C. §§ 3553(a) and 3582(a). Accordingly, we affirm.1

Background

Felipe Daniel Tapia-Romero pled guilty to being an illegal alien found in the...

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