United States v. Martin Hernandez , 404 F. App'x 122 ( 2010 )

FILED
NOT FOR PUBLICATION NOV 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50627
Plaintiff - Appellee, D.C. No. 3:09-cr-02508-JAH
v.
MEMORANDUM *
MARTIN VASQUEZ HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Martin Vasquez Hernandez appeals from the 60-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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Vasquez Hernandez contends that his sentence is substantively unreasonable
because it is greater than necessary to accomplish the statutory purposes of
sentencing when considered in light of the mitigating factors that he presented. In
light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, Vasquez Hernandez’s below-Guidelines sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). Moreover, the district court
did not procedurally err. See United States v. Ressam, 593 F.3d 1095, 1116 (9th
Cir. 2010); see also Carty, 520 F.3d at 991-93.
AFFIRMED.
2 09-50627