United States of America v. Ruben Hernandez-Amparan

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NOT FOR PUBLICATION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.
RUBEN HERNANDEZ-AMPARAN,
Defendant - Appellant.
No. 11-10677
D.C. No. 4:10-cr-03405-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Ruben Hernandez-Amparan appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his jury-trial conviction for
reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10677 2
Hernandez-Amparan first contends that the district court failed to provide
notice under Federal Rule of Criminal Procedure 32(h) of its intent to depart
upwards from the advisory Guidelines range. Because the district court imposed
an upward variance, it was not required to give notice under Rule 32(h). See
Irizarry v. United States, 553 U.S. 708, 714-15 (2008).
Hernandez-Amparan next contends that the district court placed too much
weight on deterrence and imposed a substantively unreasonable sentence. The
district court did not abuse its discretion in imposing Hernandez-Amparan’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the
various factors in a particular case is for the discretion of the district court.”). 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 Gall, 552
U.S. at 51.
AFFIRMED.

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