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U.S. v. Hernandez

United States Court of Appeals, Ninth Circuit.Page 123
Nov 19, 2010
404 F. App'x 122 (9th Cir. 2010)

Opinion

No. 09-50627.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 19, 2010.

James Peter Melendres, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Janice M. Deaton, Law Offices of Janice Deaton, San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, John A. Houston, District Judge, Pre-siding. D.C. No. 3:09-cr-02508-JAH.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Martin Vasquez Hernandez appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vasquez Hernandez contends that his sentence is substantively unreasonable because it is greater than necessary to accomplish the statutory purposes of sentencing when considered in light of the mitigating factors that he presented. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, Vasquez Hernandez's below-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). Moreover, the district court did not procedurally err. See United States v. Ressam, 593 F.3d 1095, 1116 (9th Cir. 2010); see also Carty, 520 F.3d at 991-93.

AFFIRMED.


Summaries of

U.S. v. Hernandez

United States Court of Appeals, Ninth Circuit.Page 123
Nov 19, 2010
404 F. App'x 122 (9th Cir. 2010)
Case details for

U.S. v. Hernandez

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Martin Vasquez HERNANDEZ…

Court:United States Court of Appeals, Ninth Circuit.Page 123

Date published: Nov 19, 2010

Citations

404 F. App'x 122 (9th Cir. 2010)