United States of America v. Erasmo Villa-Sosa

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERASMO VILLA-SOSA,
Defendant - Appellant.
No. 15-50194
D.C. No. 3:15-cr-00529-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Erasmo Villa-Sosa appeals from the district court’s judgment and challenges
the 12-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
SEP 1 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-50194
Villa-Sosa contends that the district court erred by failing to address the
alleged sentencing disparity created by its determination that a two-level, rather
than a four-level, fast-track departure was warranted under U.S.S.G. § 5K3.1. We
review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103,
1108 (9th Cir. 2010), and find none. The district court sufficiently explained the
sentence; it was not required to “tick off” each of the 18 U.S.C. § 3553(a)
sentencing factors. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008)
(en banc). Moreover, Villa-Sosa’s sentence is substantively reasonable in light
of the section 3553(a) sentencing factors and the totality of the circumstances,
including Villa-Sosa’s immigration history. See Gall v. United States, 552 U.S.
38, 51 (2007).
AFFIRMED.

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