United States of America v. Hector Sanchez-Camacho

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).
NC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HECTOR SANCHEZ-CAMACHO,
Defendant - Appellant.
No. 09-50108
D.C. No. 3:08-CR-03533-WQH
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Hector Sanchez-Camacho appeals from the 48-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NC/Research 09-50108 2
States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Sanchez-Camacho contends that the sentence is substantively unreasonable
because the district court overstated the seriousness of his criminal history, and
because the 16-level enhancement that was imposed pursuant to U.S.S.G.
§ 2L1.2(b)(1)(a) was triggered by a relatively minor and stale narcotics conviction.
The record reflects that the district court properly considered Sanchez-Camacho’s
individual circumstances and the required factors under 18 U.S.C. § 3553(a), and
that, under the totality of the circumstances, the sentence below the guidelines
range is not substantively unreasonable. See Gall v. United States, 552 U.S. 38,
51-52 (2007); United States v. Autery, 555 F.3d 864, 877 (9th Cir. 2009).
AFFIRMED.

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