FILED
NOT FOR PUBLICATION JAN 24 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30042
Plaintiff-Appellee, D.C. No. 1:15-cr-00192-BLW
v.
MEMORANDUM*
OCARIO ROMERO-HERNANDEZ,
a.k.a. Ocario Hernandez, a.k.a. Ocario
Hernandez-Romero, a.k.a. Ocario Romero,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Ocario Romero-Hernandez appeals from the district court’s judgment and
challenges the 57-month sentence imposed following his guilty-plea conviction for
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
Romero-Hernandez contends that his sentence is substantively unreasonable.
He argues that the application of the 16-level enhancement to his base offense level
was unduly harsh in light of the nature of his prior drug offense and his personal
characteristics. The district court did not abuse its discretion in imposing Romero-
Hernandez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Romero-Hernandez’s criminal history and the need for deterrence. See Gall, 552
U.S. at 51.
AFFIRMED.
2 16-30042