NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 23 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50045 Plaintiff-Appellee, D.C. No. 3:18-cr-04986-LAB-1 v. MEMORANDUM* ANGEL REYES-TORRES, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted October 15, 2019** Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Angel Reyes-Torres appeals from the district court’s judgment and challenges the 18-month sentence, three-year term of supervised release, and three conditions of supervised release imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm in part and remand with instructions. Reyes-Torres contends that the district court erred by denying the parties’ joint recommendation for a fast-track departure under U.S.S.G. § 5K3.1. We review the denial of a fast-track departure only as part of our review of the overall substantive reasonableness of the sentence. See United States v. Rosales-Gonzales, 801 F.3d 1177, 1180 (9th Cir. 2015).1 The district court did not abuse its discretion by imposing the 18-month sentence, which is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Reyes-Torres’s significant immigration and criminal history. See Gall v. United States, 552 U.S. 38, 51 (2007). Reyes-Torres next contends that the district court erred by failing to calculate the Guidelines range for the supervised release term and by insufficiently explaining its decision to impose a three-year term. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and 1 Contrary to Reyes-Torres’s argument, Rosales-Gonzales is not “clearly irreconcilable” with Molina-Martinez v. United States, 136 S. Ct. 1338 (2016). See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc). Thus, we remain bound by Rosales-Gonzales. The record belies Reyes-Torres’s contention that the district court denied the fast-track departure based on a blanket policy. Rather, the record reflects that the court properly declined to grant the departure based on the particular circumstances of Reyes-Torres’s case. See Rosales-Gonzales, 801 F.3d at 1183-84. 2 19-50045 conclude that there is none. On this record, Reyes-Torres has not shown a reasonable probability that he would have received a different sentence had the district court expressly calculated the applicable Guidelines range or more fully explained its decision to impose the three-year term of supervised release. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008). Finally, the government concedes, and we agree, that conditions 4, 7, and 8 in the written judgment conflict with the oral pronouncement of sentence, which did not include these ...
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