United States of America v. Jose Luis Hidalgo-Villanueva

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE LUIS HIDALGO-VILLANUEVA,
Defendant - Appellant.
No. 15-50109
D.C. No. 3:14-cr-03410-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Jose Luis Hidalgo-Villanueva appeals from the district court’s judgment and
challenges the 13-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.
* 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).
FILED
DEC 14 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-50109
Hidalgo-Villanueva contends that the government breached the parties’ plea
agreement at the sentencing hearing by implicitly suggesting that it did not support
the stipulated four-level fast-track departure under U.S.S.G. § 5K3.1. We reject
this argument because the record reflects that, in its sentencing summary chart and
at the sentencing hearing, the government stood by its recommendation that
Hidalgo-Villanueva receive the stipulated fast-track departure. Accordingly,
Hidalgo-Villanueva received the benefit of his bargain and “the presentation of a
united front to the court.” United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th
Cir. 2012) (internal quotations omitted).
Hidalgo-Villanueva next contends that his sentence is substantively
unreasonable in light of the mitigating factors and the court’s denial of the
fast-track departure. We disagree. 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 Hidalgo-Villanueva’s immigration
history. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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