United States v. Romeo Lopez-Hernandez
UNITED STATES of America, Plaintiff-Appellee, v. Romeo LOPEZ-HERNANDEZ, Defendant-Appellant
- Area
- other
- Panel
- Alex Kozinski (author), Paul J. Watford, Andrew D. Hurwitz
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
FILED NOT FOR PUBLICATION SEP 11 2012
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. 11-50478 Plaintiff - Appellee, D.C. No. 3:11-cr-03190-GT-1 v. MEMORANDUM * ROMEO LOPEZ-HERNANDEZ, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Gordon Thompson, Senior District Judge, Presiding Submitted September 6, 2012** Pasadena, California Before: KOZINSKI, Chief Judge, WATFORD and HURWITZ, Circuit Judges.
Romeo Lopez-Hernandez challenges his sentence to twenty-four months’
incarceration and three years’ supervised release for illegally entering the United States after being deported.
* This disposition isn’t appropriate for publication and isn’t 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). page 2 1. Lopez-Hernandez’s sentence to twenty-four months’ incarceration is less than the statutory maximum of ten years, but six months above the maximum recommended by the federal Sentencing Guidelines. The Sentencing Guidelines are only advisory. Gall v. United States, 128 S. Ct. 586, 594 (2007). As directed by 18 U.S.C. § 3553(a), the sentencing judge weighed several factors, including the recommendation of the Sentencing Guidelines, the fact that Lopez-Hernandez had been thrice convicted of illegal entry and the fact that he was previously sentenced to eighteen months for the same offense. The judge didn’t abuse his discretion by giving him six additional months.
2. As Lopez-Hernandez’s attorney told the judge at sentencing, the Sentencing Guidelines recommend against imposing supervised release on deportable aliens under “ordinar[y]” circumstances. See U.S. Sentencing Guidelines Manual § 5D1.1(c). But Lopez-Hernandez’s circumstances are not ordinary. Supervised release is appropriate for deportable aliens when “it would provide an added measure of deterrence and protection.” U.S. Sentencing Guidelines Manual § 5D1.1 cmt. 5. As the sentencing judge noted, Lopez-Hernandez was “violating supervised release” when he committed the offense, so additional supervised release was warranted.
AFFIRMED.