United States v. Jaime Alarcon-Hernandez

U.S. Court of Appeals for the Ninth Circuit
United States v. Jaime Alarcon-Hernandez, 550 F. App'x 424 (9th Cir. 2013)
Goodwin, Wallace, Graber

United States v. Jaime Alarcon-Hernandez

Opinion

MEMORANDUM **

Jaime Alarcon-Hernandez appeals from the district court’s judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Alarcon-Hernandez contends that the district court erred by determining that his prior conviction for attempted second-degree sexual assault constitutes an aggravated-felony conviction under 8 U.S.C. § 1101(a)(43)(A) that bars him from eligibility for a departure under U.S.S.G. § 2L1.2 cmt. n. 7. Even if the district court erred in its aggravated-felony determination, it understood that it had the discretion to sentence Alarcon-Hernandez outside of the advisory Guidelines range but declined to do so in light of the 18 U.S.C. § 3553(a) sentencing factors. AlarconHernandez does not contend that the district court imposed a substantively unreasonable sentence, nor would such a contention be availing on this record. Thus, we identify no basis for reversing. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1005 (9th Cir. 2012) (“[A]ny erroneous application of [a] departure would be harmless so long as the sentence actually imposed was substantively reasonable.”).

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. Jaime ALARCON-HERNANDEZ, A.K.A. Jaime Alarcon, Defendant-Appellant
Status
Unpublished