United States of America v. Ernesto Santana-Morales, a.k.a. Ernesto Morales, a.k.a. Jose Ortiz

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NOT FOR PUBLICATION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.
ERNESTO SANTANA-MORALES,
a.k.a. Ernesto Morales, a.k.a. Jose Ortiz,
Defendant - Appellant.
No. 11-50173
D.C. No. 2:10-cr-00874-PA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Ernesto Santana-Morales appeals from the 77-month sentence imposed
following 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 09 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50173 2
under 28 U.S.C. § 1291, and we affirm.
Santana-Morales contends that his sentence is substantively unreasonable,
because the district court did not depart based on his fast-track guilty plea, cultural
assimilation, and the need to avoid unwarranted sentencing disparities. In light of
Santana-Morales’s extensive criminal history and the need to provide adequate
deterrence, Santana-Morales’s low-end Guideline sentence is substantively
reasonable. See 18 U.S.C. § 3553(a); U.S.S.G. § 2L1.2 cmt. n. 8; Gall v. United
States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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