United States v. Roberto Ayala Amarillas ( 2017 )


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  •                            NOT FOR PUBLICATION                           FILED
                        UNITED STATES COURT OF APPEALS                       DEC 22 2017
                                                                          MOLLY C. DWYER, CLERK
                                                                           U.S. COURT OF APPEALS
                               FOR THE NINTH CIRCUIT
    
    UNITED STATES OF AMERICA,                       No. 17-50033
    
                    Plaintiff-Appellee,             D.C. No. 3:16-cr-01755-DMS
    
     v.
                                                    MEMORANDUM*
    ROBERTO AYALA AMARILLAS,
    
                    Defendant-Appellant.
    
                       Appeal from the United States District Court
                          for the Southern District of California
                        Dana M. Sabraw, District Judge, Presiding
    
                              Submitted December 18, 2017**
    
    Before:      WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
    
          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.
    
    
    
          *
                 This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
          **
                 The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
           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.
    
    
    
    
                                               2                                    17-50033
    

Document Info

DocketNumber: 17-50033

Filed Date: 12/22/2017

Modified Date: 12/22/2017