United States of America v. Jesus Alvarez-Ramos

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).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS ALVAREZ-RAMOS,
Defendant - Appellant.
No. 09-30198
D.C. No. 2:07-CR-02125-RHW
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, Senior District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Jesus Alvarez-Ramos appeals from the 71-month sentence imposed
following his guilty-plea conviction for being an illegal alien in the United States
FILED
MAR 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to
28 U.S.C. § 1291, and we affirm.
Alvarez-Ramos contends that the district court procedurally erred by
applying an upward departure under U.S.S.G. § 4A1.3, based on its determination
that his criminal history category understated his criminal history. He also
contends that his sentence is substantively unreasonable because it is greater than
necessary. The record reflects that the district court did not procedurally err in its
calculation of the advisory sentencing Guideline range or consideration of the 18
U.S.C. § 3553(a) factors, and that the sentence is substantively reasonable in light
of the totality of the circumstances. See United States v. Carty, 520 F.3d 984, 993
(9th Cir. 2008) (en banc); see also United States v. Higuera-Llamos, 574 F.3d
1206, 1210-12 (9th Cir. 2009).
AFFIRMED.

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