United States v. Tapia-Hernandez

U.S. Court of Appeals for the Ninth Circuit
United States v. Tapia-Hernandez, 356 F. App'x 920 (9th Cir. 2009)
Alarcón, Tashima, Trott

United States v. Tapia-Hernandez

Opinion of the Court

MEMORANDUM **

Jose Alberto Tapia-Hernandez appeals from the 57-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Tapia-Hernandez contends that the district court erred by treating the Guidelines as presumptively reasonable in the absence of extraordinary factors to justify a downward variance. The district court did not procedurally err by concluding that a sentence below the Guidelines range was not warranted in light of the circumstances of the case. See United States v. Carty, 520 F.3d 984, 994-95 (9th Cir. 2008) (en banc).

AFFIRMED.

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee v. Jose Alberto TAPIA-HERNANDEZ, Defendant—Appellant
Status
Published