United States of America v. Armando Torres-Navarette

This disposition is not appropriate for publication and is not 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).
JC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARMANDO TORRES-NAVARETTE,
Defendant - Appellant.
No. 09-50011
D.C. No. 2:08-cr-00618-PA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Armando Torres-Navarette appeals from the 30-month sentence imposed
after 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
FILED
MAR 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JC/Research 09-50011 2
pursuant to 28 U.S.C. § 1291, and we affirm.
Torres-Navarette contends the district court procedurally erred by, among
other things, departing upward pursuant to U.S.S.G. § 4A1.3 for under-represented
criminal history. The district court did not err in imposing Torres-Navarette’s
sentence. See United States v. Mohamed, 459 F.3d 979, 986 (9th Cir. 2006); see
also United States v. Higuera-Llamos, 574 F.3d 1206, 1212 (9th Cir. 2009).
Torres-Navarette also contends his sentence is substantively unreasonable.
In light of the totality of the circumstances of this case and the 18 U.S.C. § 3553(a)
sentencing factors, the sentence is substantively reasonable. See Gall v. United
States, 552 U.S. 38, 51 (2007); United States v. Carty, 520 F.3d 984, 993 (9th Cir.
2008) (en banc) (appellate courts are to give due deference to the district court’s
decision that the § 3553(a) factors, on a whole, justify the extent of the variance).
AFFIRMED.

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