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

United States v. Juan Vasquez-Hernandez

United States v. Juan Vasquez-Hernandez
U.S. Court of Appeals for the Ninth Circuit · Decided September 21, 2012 · Wardlaw, Clifton, Smith
480 F. App'x 896

United States v. Juan Vasquez-Hernandez

Opinion

MEMORANDUM **

Juan Carlos Vasquez-Hernandez appeals from the 44-month sentence imposed following his jury-trial conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vasquez-Hernandez contends that the district court procedurally erred by failing to respond to his arguments concerning a letter from a member of the jury. This contention lacks merit, as the record reflects that the district court considered Vasquez-Hernandez’s arguments, provided an adequate explanation for rejecting his position, and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).

Vasquez-Hernandez also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the below-Guidelines sentence is substantively reasonable. 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 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.