NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 27 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 10-10367
Plaintiff - Appellee, D.C. No. 4:09-cr-2584-RCC-JCG-
1
v.
GASPER TORRES HERNANDEZ, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Argued and Submitted July 19, 2011
San Francisco, California
Before: TASHIMA and RAWLINSON, Circuit Judges, and RAKOFF, Senior
District Judge.**
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Jed S. Rakoff, Senior United States District Judge for
the Southern District of New York, sitting by designation.
On October 29, 2009, defendant Gasper Torres-Hernandez was arrested in
Arizona and charged with one count of illegal re-entry, in violation of 8 U.S.C. §
1326(a). Torres-Hernandez pled guilty without the benefit of a plea agreement in
the District Court for the District of Arizona (Collins, J.), which thereafter
sentenced him to a 30-month term of incarceration. We affirm.
Viewing the record as a whole, it is clear that the district court did consider,
under 18 U.S.C. § 3553(a), Torres-Hernandez’s motive for returning to the United
States. Moreover, the district court adequately explained that this consideration
was the reason for its downward departure from the Guidelines range of 51 to 63
months. See United States v. Autery, 555 F.3d 864, 869-870 (9th Cir. 2009).
Finally, the Court concludes that, in light of the totality of circumstances and the
factors set forth in 18 U.S.C. § 3553(a), the district court’s sentence was
substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.
2008) (en banc).
The Court has considered all of Torres-Hernandez’s other arguments and
found them to be without merit.
AFFIRMED.
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