FILED
NOT FOR PUBLICATION JUL 29 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50441
Plaintiff - Appellee, D.C. No. 3:13-cr-00829-BEN
v.
MEMORANDUM*
ALEJANDRO HERNANDEZ-ACOSTA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Alejandro Hernandez-Acosta appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
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).
Hernandez-Acosta contends that the district court procedurally erred by
failing to calculate properly the Sentencing Guidelines range. We review for plain
error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.
2010), and find none. The record reflects that the district court accepted the
parties’ agreed-upon Guidelines calculations, granted a fast-track departure and a
minor role adjustment, and then varied upward in light of the 18 U.S.C. § 3553(a)
sentencing factors. The district court did not err. See United States v. Carty, 520
F.3d 984, 990-91 (9th Cir. 2008) (en banc).
Hernandez-Acosta also contends that his sentence is substantively
unreasonable. The district court did not abuse its discretion in imposing
Hernandez-Acosta’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The sentence is substantively reasonable in light of the seriousness of the offense
and the need to protect the public. See 18 U.S.C. § 3553(a)(1), (2).
AFFIRMED.
2 13-50441