United States v. Cesar Jaramillo-Garcia

Court of Appeals for the Ninth Circuit · 13-50415 · 2014-01-23 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Cesar JARAMILLO-GARCIA, Defendant-Appellant

Area: other
Panel: William C. Canby, Jr. (author), Richard A. Paez, Barry G. Silverman

Analysis

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Opinion

FILED NOT FOR PUBLICATION JAN 23 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-50415 Plaintiff - Appellee, D.C. No. 3:13-cr-02498-LAB v. MEMORANDUM* CESAR JARAMILLO-GARCIA, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.

Cesar Jaramillo-Garcia appeals from the district court’s judgment and challenges the ten-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.

* 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). Jaramillo-Garcia contends that the district court erred by granting only a two-level fast-track departure under U.S.S.G. § 5K3.1, rather than the four-level departure requested by the government. “In analyzing challenges to a court’s upward and downward departures to a specific offense characteristic or other adjustment 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). Contrary to Jaramillo-Garcia’s contention, the district court did not abuse its discretion in imposing his sentence.

See Gall v. United States, 552 U.S. 38, 51 (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 Jaramillo-Garcia’s criminal history and numerous prior deportations. See id.

AFFIRMED.

2 13-50415