FILED
NOT FOR PUBLICATION AUG 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50158
Plaintiff - Appellee, D.C. No. 3:10-cr-00306-JLS
v.
MEMORANDUM *
HECTOR GONZALEZ-CORELLA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Hector Gonzalez-Corella appeals from the district court’s judgment and
challenges the 63-month sentence and 3-year term of supervised release imposed
following his guilty-plea conviction for being a deported alien found in the United
*
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).
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. §
1291, and we affirm.
Gonzalez-Corella contends that the district court erred by imposing a
16-level increase pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) for his prior robbery
conviction under section 211 of the California Penal Code. As Gonzalez-Corella
concedes, this argument is foreclosed by United States v. Flores-Mejia, 687 F.3d
1213, 1214-16 (9th Cir. 2012). We decline Gonzalez-Corella’s request that we
seek en banc review of this issue.
Gonzalez-Corella also contends that the three-year term of supervised
release is substantively unreasonable in light of U.S.S.G. § 5D1.1(c). The district
court did not abuse its discretion in imposing Gonzalez-Corella’s term of
supervised release. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence is substantively reasonable in light of the totality of the circumstances,
including Gonzalez-Corella’s extensive criminal history and the need for additional
deterrence. See id.; U.S.S.G. § 5D1.1 cmt. n.5 (the district court should consider
imposing supervised release on a deportable alien “if the court determines it would
provide an added measure of deterrence and protection”).
AFFIRMED.
2 12-50158