United States of America v. Jose Yanez-Dominguez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSE YANEZ-DOMINGUEZ,
Defendant-Appellant.
No. 16-50483
D.C. No. 3:16-cr-02317-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Jose Yanez-Dominguez appeals from the district court’s judgment and
challenges the 18-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 Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 2 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-50483
Yanez-Dominguez contends that the district court improperly relied on his
criminal history as a reason to deny the parties’ joint request for a fast-track
departure under U.S.S.G. § 5K3.1 and impose an above-Guidelines sentence. The
court did not abuse its discretion. See United States v. Rosales-Gonzales, 801 F.3d
1177, 1180 (9th Cir. 2015). The court properly considered Yanez-Dominguez’s
criminal and immigration history, including his two previous illegal reentry
offenses for which he received lengthy sentences. See id. at 1184. Moreover, the
18-month sentence, two months above the high end of the guideline range, is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51
(2007).
AFFIRMED.

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