U.S. Court of Appeals for the Ninth Circuit, 2009

United States v. Gonzalez-Sermenio

United States v. Gonzalez-Sermenio
U.S. Court of Appeals for the Ninth Circuit · Decided August 13, 2009 · Ikuta, Kleinfeld, Smith
342 F. App'x 312

United States v. Gonzalez-Sermenio

Opinion of the Court

MEMORANDUM **

Hector Gonzalez-Sermenio appeals from the 51-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(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Gonzalez-Sermenio contends that his sentence is unreasonable because it is significantly longer than the sentence he would have received had he accepted a fast-track plea agreement. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the sentence is reasonable. See Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007); see also United States v. Gonzalez-Zotelo, 556 F.3d 736, 739-41 (9th Cir. 2009).

AFFIRMED.

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

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