U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Ernesto Santana-Morales

United States v. Ernesto Santana-Morales
U.S. Court of Appeals for the Ninth Circuit · Decided March 9, 2012 · Fletcher, Reinhardt, Tashima
471 F. App'x 673

United States v. Ernesto Santana-Morales

Opinion

MEMORANDUM **

Ernesto Santana-Morales appeals from the 77-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Santana-Morales contends that his sentence is substantively unreasonable, because the district court did not depart based on his fast-track guilty plea, cultural assimilation, and the need to avoid unwarranted sentencing disparities. In light of Santana-Morales’s extensive criminal history and the need to provide adequate deterrence, Santana-Morales’s low-end Guideline sentence is substantively reasonable. See 18 U.S.C. § 3553(a); U.S.S.G. § 2L1.2 cmt. n. 8; 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 9th Cir. R. 36-3.

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