United States of America, Plaintiff-appellee, v. Tommy Aldo Castro, Defendant-appellant, 953 F.2d 1388 (9th Cir. 1992)

MEMORANDUM^** 

Defendant Tommy Aldo Castro argues the district court did not comply with 18 U.S.C. § 3553(c), which requires the court, at the time of sentencing, to state in open court the reasons for the imposition of the particular sentence.

The presentence report recommended a sentencing range of 84 to 105 months, based on a criminal history category of VI and a total offense level of 22, after a two-level reduction for acceptance of responsibility. In his Findings of Fact Order (Statement of Reasons), Excerpt of Record at 7-9, Judge Panner adopted the report's findings of fact and conclusions of law as his own. Id. at 8. He resolved defense counsel's sole objection to the report--her disagreement with the conclusion that no factors warranted a downward departure from the suggested 84 to 105 month range--by finding no reason for departure. Id. The written explanation of how the court determined the relevant guideline range satisfied the requirements of 18 U.S.C. § 3553(c). See United States v. Lockard, 910 F.2d 542, 546 (9th Cir. 1990); United States v. Johnson, No. 90-50559 (9th Cir. Jan. 13, 1992) (written or oral statement of reasons adequate for purposes of section 3553(c)).

AFFIRMED.