United States v. Hector Sanchez-Santillan

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 15 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-50035 Plaintiff-Appellee, D.C. No. 3:17-cr-02601-LAB v. MEMORANDUM* HECTOR SANCHEZ-SANTILLAN, a.k.a. Miguel Sanchez-Lopez, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted June 12, 2018** Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges. Hector Sanchez-Santillan appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Sanchez-Santillan contends that the sentence is substantively unreasonable because the aggravating circumstances identified by the district court were insufficient to justify an upward variance from the Guidelines range and the district court placed too much weight on his prior domestic violence conviction. The district court did not abuse its discretion in imposing Sanchez-Santillan’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). Contrary to Sanchez-Santillan’s argument, the district court explicitly and repeatedly stated that it considered his domestic violence conviction to “a lesser extent.” The district court primarily focused on Sanchez-Santillan’s 17 previous deportations and exclusions, and the failure of a prior 12-month-and-one-day sentence for his last immigration offense to deter him from returning unlawfully. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the above- Guidelines sentence is substantively reasonable. See Gall, 552 U.S. at 51. AFFIRMED. 2 18-50035 18-50035 Court of Appeals for the Ninth Circuit ca9 9th Cir. United States v. Hector Sanchez-Santillan 15 June 2018 Criminal Unpublished 71d7d52d39a9b478eb97b067a2e9a2f98b84171c

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