U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Aristeo Ortiz-Sanchez

United States v. Aristeo Ortiz-Sanchez
U.S. Court of Appeals for the Ninth Circuit · Decided January 27, 2015 · Canby, Gould, Smith
590 F. App'x 718

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.

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