United States of America v. Cesar Jaramillo-Garcia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CESAR JARAMILLO-GARCIA,
Defendant - Appellant.
No. 13-50415
D.C. No. 3:13-cr-02498-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Cesar Jaramillo-Garcia appeals from the district court’s judgment and
challenges the ten-month sentence imposed following his guilty-plea conviction for
being a removed 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.
FILED
JAN 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Jaramillo-Garcia contends that the district court erred by granting only a
two-level fast-track departure under U.S.S.G. § 5K3.1, rather than the four-level
departure requested by the government. “In analyzing challenges to a court’s
upward and downward departures to a specific offense characteristic or other
adjustment under Section 5K, we do not evaluate them for procedural correctness,
but rather, as part of a sentence’s substantive reasonableness.” United States v.
Ellis, 641 F.3d 411, 421 (9th Cir. 2011). Contrary to Jaramillo-Garcia’s
contention, the district court did not abuse its discretion in imposing his sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence
is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors
and the totality of the circumstances, including Jaramillo-Garcia’s criminal history
and numerous prior deportations. See id.
AFFIRMED.
13-50415 2

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