USA V. ADRIAN ZITLALPOPOCA-HERNANDEZ, No. 16-50167 (9th Cir. 2017)

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This opinion or order relates to an opinion or order originally issued on September 26, 2017.

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FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. OCT 25 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS 16-50167 v. D.C. No. 3:08-cr-04304-BEN-1 Southern District of California, San Diego ADRIAN ZITLALPOPOCAHERNANDEZ, ORDER Defendant-Appellant. Before: W. FLETCHER and IKUTA, Circuit Judges, and FREUDENTHAL,* Chief District Judge. The court’s memorandum disposition filed September 26, 2017, is hereby amended as follows: The fifth paragraph of the memorandum disposition previously read: Finally, appellant argues that his sentence was substantively unreasonable. A sentence is not substantively unreasonable where “the record as a whole reflects rational and meaningful consideration of the factors enumerated in 18 U.S.C. § 3553(a).” United States v. Ruiz-Apolonio, 657 F.3d 907, 911 (9th Cir. 2011) (internal quotations omitted). The record here reflects meaningful consideration of the 18 U.S.C. § 3553(a) factors, spanning three sentencing proceedings. The sentence was not substantively unreasonable. * The Honorable Nancy Freudenthal, Chief United States District Judge for the District of Wyoming, sitting by designation. The memorandum disposition is amended so that the fifth paragraph now reads: Because we reverse and remand on procedural grounds, we do not reach the question of whether the sentence was substantively reasonable. See, e.g., United States v. Grissom, 525 F.3d 691, 696 (9th Cir. 2008). With that amendment, Defendant-Appellant’s petition for panel rehearing is DENIED. The petition for rehearing en banc remains pending. No further petitions for rehearing or for rehearing en banc may be filed. 2

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