United States v. Eduardo Hernandez-Hernandez
Opinion
MEMORANDUM **
Eduardo Hernandez-Hernandez appeals from the 51-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1826. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Hernandez-Hernandez contends that his below-Guidelines sentence was substantively unreasonable because the district court did not discuss all of the 18 U.S.C. § 8553(a) factors at the sentencing hearing. The record reflects that the district court adequately considered and addressed Hernandez-Hernandez’s arguments and the section 3553(a) factors. See Rita v. United States, 551 U.S. 338, 356-58, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). Furthermore, in light of the totality of the circumstances, Hernandez-Hernandez’s sentence was not substantively unreasonable. 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, 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. Eduardo HERNANDEZ-HERNANDEZ, Defendant-Appellant
- Status
- Unpublished