United States of America v. Roberto Hernandez- Hernandez

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERTO HERNANDEZ-
HERNANDEZ,
Defendant - Appellant.
No. 12-50473
D.C. No. 3:12-cr-00847-LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted August 1, 2013 **
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Roberto Hernandez-Hernandez appeals from the district court's judgment
and challenges the 55-month sentence imposed following his guilty-plea
FILED
AUG 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50473 2
conviction for being a deported 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.
The district court did not abuse its discretion in imposing Hernandez’s 55-
month sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances. See id.
AFFIRMED.

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