United States of America v. Rafael Ruiz-Ruiz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAFAEL RUIZ-RUIZ,
Defendant - Appellant.
No. 14-50492
D.C. No. 3:14-cr-01713-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Rafael Ruiz-Ruiz appeals from the district court’s judgment and challenges
the 24-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
DEC 15 2015
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).

-- 1 of 2 --

Ruiz-Ruiz first contends that the district court abused its discretion by
denying the parties’ joint recommendation for a fast-track departure under
U.S.S.G. § 5K3.1. Contrary to Ruiz-Ruiz’s argument, the record reflects that the
district court properly based its denial of the fast-track departure on individualized
factors and not on a blanket policy of denying fast-track departures to a certain
group of defendants. See United States v. Rosales-Gonzales, 801 F.3d 1177, 1183-
84 (9th Cir. 2015).
We likewise reject Ruiz-Ruiz’s argument that the district court’s denial of
the fast-track departure was improper because it interfered with the prosecutor’s
exercise of discretion in plea bargaining. See id. at 1183.
Finally, Ruiz-Ruiz argues that his sentence is substantively unreasonable in
light of the court’s denial of the fast-track departure and its focus on the need for
deterrence. The district court did not abuse its discretion. See Gall v. United
States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of
the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including
Ruiz-Ruiz’s immigration history. See Gall, 552 U.S. at 51; 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.”).
AFFIRMED.
14-50492 2

-- 2 of 2 --