United States v. Aristeo Ortiz-Sanchez
Opinion
MEMORANDUM **
Aristeo Ortiz-Sanchez appeals from the district court’s judgment and challenges the 75-month sentence imposed following his guilty-plea conviction for being a removed 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.
Ortiz-Sanchez contends that the district court’s discretionary denial of a fast-track. *719 departure under U.S.S.G. § 5K3.1 rendered his sentence substantively unreasonable. “In analyzing challenges to a court’s upward and downward departures ... under Section 5K, we do not evaluate them for procedural correctness, but rather, as part of a sentence’s substantive reasonableness.” United States v. Ellis, 641 F.3d 411, 421 (9th Cir. 2011). The district court did not abuse its discretion in imposing Ortiz-Sanchez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The'within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § .3553(a) sentencing factors and the totality of the circumstances, including Ortiz-Sanchez’s criminal history and numerous prior deportations. See Gall, 552 U.S. at 51, 128 S.Ct. 586.
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. Aristeo ORTIZ-SANCHEZ, A.K.A. Aristeo Cortez-Sanchez, A.K.A. Mario Gomez-Sanchez, A.K.A. Aristeo Sanchez Ortiz, A.K.A. Miguel Sanchez-Cortez, A.K.A. Teo, A.K.A. Geraldo Valencia, Defendant-Appellant
- Status
- Unpublished