U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Roberto Hernandez-Hernandez

United States v. Roberto Hernandez-Hernandez
U.S. Court of Appeals for the Ninth Circuit · Decided August 20, 2013 · Graber, Wardlaw, Paez
538 F. App'x 827

United States v. Roberto Hernandez-Hernandez

Opinion

MEMORANDUM **

Roberto Hernandez-Hernandez appeals from the district court’s judgment and challenges the 55-month sentence imposed following his guilty-plea 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.

The district court did not abuse its discretion in imposing Hernandez’s 55-month sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See id.

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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