U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Ricardo Rochin-Jerez

United States v. Ricardo Rochin-Jerez
U.S. Court of Appeals for the Ninth Circuit · Decided June 20, 2011 · Canby, O'Scannlain, Fisher
438 F. App'x 619

United States v. Ricardo Rochin-Jerez

Opinion

MEMORANDUM **

Ricardo Rochin-Jerez appeals from the 41-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rochin-Jerez contends that his sentence, at the bottom of the Guidelines, is substantively unreasonable because it included a 16-level increase for his previous conviction of an alien smuggling offense. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) factors, including the seriousness of Rochin-Jerez’s crimes and deterring future criminal conduct, the sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

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

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