United States of America v. Wilmer Alexis Erazo Hernandez, a.k.a. Lacra

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILMER ALEXIS ERAZO
HERNANDEZ, a.k.a. Lacra,
Defendant - Appellant.
No. 14-50372
D.C. No. 3:12-cr-04965-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Wilmer Alexis Erazo Hernandez appeals from the district court’s judgment
and challenges the 151-month sentence imposed following his guilty-plea
conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C.
FILED
JUN 20 2016
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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§§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Hernandez contends that the district court procedurally erred by improperly
combining a downward variance based on the 18 U.S.C. § 3553(a) factors with a
reduction based on then-proposed Amendment 782 to the Sentencing Guidelines.
The district court did not err. Contrary to Hernandez’s contention, the court
correctly calculated the Guidelines range as 188 to 235 months using the
Guidelines Manual in effect at the time of sentencing. See U.S.S.G. § 1B1.11(a);
United States v. Ruiz-Apolonio, 657 F.3d 907, 916 n.7 (9th Cir. 2011). Moreover,
the district court considered the proposed amendment and made clear its intent to
vary downward from the applicable range by a total of two levels because it
considered a 151-month sentence to be sufficient, but not greater than necessary, to
account for the section 3553(a) factors, including the proposed amended range.
We review the extent of this variance only for reasonableness. See United States v.
Mohamed, 459 F.3d 979, 987 (9th Cir. 2006). The 151-month, below-Guidelines
sentence is substantively reasonable in light of the totality of the circumstances and
the section 3553(a) factors, including the nature and circumstances of the offense.
See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
14-50372 2

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