USA V. ROBERTO HERNANDEZ-HERNANDEZ, No. 12-50473 (9th Cir. 2013)

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FILED AUG 20 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-50473 D.C. No. 3:12-cr-00847-LAB-1 v. MEMORANDUM * ROBERTO HERNANDEZHERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted August 1, 2013 Before: ** GRABER, WARDLAW, and PAEZ, Circuit Judges. Roberto Hernandez-Hernandez appeals from the district court's judgment and challenges the 55-month sentence imposed following his guilty-plea * 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). conviction for being a deported 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. The district court did not abuse its discretion in imposing Hernandez s 55month sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See id. AFFIRMED. 2 12-50473

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