Court of Appeals for the Ninth Circuit July 27, 2009, No. 08-50462 (United States v. Garcia-Aguilar)

MEMORANDUM*

Although Garcia-Aguilar earned two years of time-served credit while waiting to be sentenced, this did not entitle him to a sentence of time served. The district court was permitted to choose between prison and probation, and the page 2 sentence it imposed was a lawful, though not particularly admirable, exercise of its broad sentencing discretion. See, e.g., United States v.