United States v. Francisco Dorantes ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 13 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 22-50193
Plaintiff-Appellee, D.C. No. 8:22-cr-00050-SB-1
v.
MEMORANDUM*
FRANCISCO VASQUEZ DORANTES,
AKA Francisco Vasquez Durantes, AKA
Frank Vasquez,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Stanley Blumenfeld, Jr., District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Francisco Vasquez Dorantes appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
being an illegal alien found in the United States following deportation, in violation
*
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).
of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Vasquez Dorantes contends that his mid-range Guidelines sentence is
substantively unreasonable because the district court placed undue weight on his
criminal history, and in particular his older offenses. The district court did not
abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The district
court was required to consider Vasquez Dorantes’s criminal history when making
its sentencing determination, see 18 U.S.C. § 3553(a)(1), and its emphasis on this
factor was reasonable given Vasquez Dorantes’s lengthy record, see United States
v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009). Contrary to Vasquez
Dorantes’s suggestion, the district court did not engage in any impermissible
double-counting, see United States v. Christensen, 732 F.3d 1094, 1100 (9th Cir.
2013); did consider his mitigating circumstances; and did not err in its treatment of
his older offenses. The 24-month sentence is substantively reasonable in light of
the § 3553(a) factors and totality of the circumstances, including Vasquez
Dorantes’s substantial criminal history, as well as the need to protect the public,
provide just punishment, and promote respect for the law. See Gall, 552 U.S. at
51.
AFFIRMED.
2 22-50193