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

United States Court of Appeals for the Ninth Circuit2014-01-23No. No. 13-50415
552 F. App'x 756

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Opinion

majority opinion

MEMORANDUM

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.

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, 128 S.Ct. 586, 169 L.Ed.2d 445 (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.

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