United States v. Vasquez-Cruz, No. 11-10467 (9th Cir. 2012)
Annotate this CaseDefendant appealed from the 24-month prison sentence imposed following his conviction for illegal reentry. The court adhered to its precedent that required it to decline to review whether the district court procedurally erred by failing to grant defendant a departure or by failing to consider departures before applying the 18 U.S.C. 3553(a) factors. Accordingly, the court declined defendant's invitation to review the district court's denial of a departure and instead, reviewed the district court's exercise of discretion only for substantive reasonableness. Because the record made clear that the sentencing judge considered the relevant evidence and argument, defendant's claims of procedural error failed. The court concluded that the district court's within-Guidelines sentence was reasonable in light of the totality of the circumstances. Accordingly, the court affirmed the judgment.
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