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UNITED STATES of America, Plaintiff-Appellee, v. Ernesto SANTANA-MORALES, a.k.a. Ernesto Morales, a.k.a. Jose Ortiz, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2012-03-09No. No. 11-50173
471 F. App'x 673

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Opinion

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MEMORANDUM

Ernesto Santana-Morales appeals from the 77-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Santana-Morales contends that his sentence is substantively unreasonable, because the district court did not depart based on his fast-track guilty plea, cultural assimilation, and the need to avoid unwarranted sentencing disparities. In light of Santana-Morales’s extensive criminal history and the need to provide adequate deterrence, Santana-Morales’s low-end Guideline sentence is substantively reasonable. See 18 U.S.C. § 3553(a); U.S.S.G. § 2L1.2 cmt. n. 8; Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.