United States v. Roberto Ayala Amarillas

U.S. Court of Appeals for the Ninth Circuit
United States v. Roberto Ayala Amarillas, 707 F. App'x 499 (9th Cir. 2017)
Wallace, Silverman, Bybee

United States v. Roberto Ayala Amarillas

Opinion

MEMORANDUM **

Roberto Ayala Amarillas appeals from the district court’s judgment and challenges the 27-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326, We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ayala contends that the district court improperly relied on his criminal history as a reason to deny the parties’ joint request for a fast-track departure under U.S.S.G. § 5K3.1. The court did not abuse its discretion. See United States v. Rosales-Gonzales, 801 F.3d 1177, 1184 (9th Cir. 2015) (district court properly exercised its discretion to deny fast-track departure on the basis of defendant’s immigration and criminal history). Moreover, the 27-month sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including his failure to be deterred by a previous 37-month sentence. See Rosales-Gonzales, 801 F.3d at 1184-85.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Roberto Ayala AMARILLAS, Defendant-Appellant
Status
Unpublished