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United States v. Roberto Hernandez-Hernandez

Court of Appeals for the Ninth Circuit · 12-50473 · 2013-08-20 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Roberto HERNANDEZ-HERNANDEZ, Defendant-Appellant

Area
other
Panel
Susan Graber (author), Richard A. Paez, Kim M. Wardlaw

Analysis

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Opinion

FILED NOT FOR PUBLICATION AUG 20 2013

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. 12-50473 Plaintiff - Appellee, D.C. No. 3:12-cr-00847-LAB-1 v. MEMORANDUM * ROBERTO HERNANDEZ- HERNANDEZ, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding ** Submitted August 1, 2013 Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.

Roberto Hernandez-Hernandez appeals from the district court's judgment and challenges the 55-month sentence imposed following his guilty-plea * 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). 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.

The district court did not abuse its discretion in imposing Hernandez’s 55- month sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C.

§ 3553(a) sentencing factors and the totality of the circumstances. See id.

AFFIRMED.

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