USA V. ERNESTO SANTANA-MORALES, No. 11-50173 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 09 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-50173 D.C. No. 2:10-cr-00874-PA v. MEMORANDUM * ERNESTO SANTANA-MORALES, a.k.a. Ernesto Morales, a.k.a. Jose Ortiz, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. Ernesto Santana-Morales appeals from the 77-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction * 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). under 28 U.S.C. § 1291, and we affirm. Santana-Morales contends that his sentence is substantively unreasonable, because the district court did not depart based on his fast-track guilty plea, cultural assimilation, and the need to avoid unwarranted sentencing disparities. In light of Santana-Morales s extensive criminal history and the need to provide adequate deterrence, Santana-Morales s low-end Guideline sentence is substantively reasonable. See 18 U.S.C. § 3553(a); U.S.S.G. § 2L1.2 cmt. n. 8; Gall v. United States, 552 U.S. 38, 51 (2007). AFFIRMED. 2 11-50173
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