United States v. Erasmo Villa-Sosa

Court of Appeals for the Ninth Circuit · 15-50194 · 2015-09-01 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Erasmo VILLA-SOSA, Defendant-Appellant

Area: other
Panel: Mary M. McKeown (author), Richard R. Clifton, Andrew D. Hurwitz

Analysis

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Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 1 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50194 Plaintiff - Appellee, D.C. No. 3:15-cr-00529-LAB v. MEMORANDUM* ERASMO VILLA-SOSA, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted August 25, 2015** Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.

Erasmo Villa-Sosa appeals from the district court’s judgment and challenges the 12-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). Villa-Sosa contends that the district court erred by failing to address the alleged sentencing disparity created by its determination that a two-level, rather than a four-level, fast-track departure was warranted under U.S.S.G. § 5K3.1. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The district court sufficiently explained the sentence; it was not required to “tick off” each of the 18 U.S.C. § 3553(a)

sentencing factors. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008)

(en banc). Moreover, Villa-Sosa’s sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Villa-Sosa’s immigration history. See Gall v. United States, 552 U.S.

38, 51 (2007).

AFFIRMED.

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