NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 11 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50189
Plaintiff-Appellee, D.C. No. 3:16-cr-00094-AJB
v.
MEMORANDUM*
HUGO CONTRERAS-HERNANDEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Submitted May 8, 2017**
Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.
Hugo Contreras-Hernandez appeals from the district court’s judgment and
challenges the 30-month sentence imposed following his guilty-plea conviction for
being a removed 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.
*
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).
Contreras-Hernandez contends that the district court erred when it denied his
request for departures for imperfect duress under U.S.S.G. § 5K2.12, lesser harm
under U.S.S.G. § 5K2.11, and combination of circumstances under U.S.S.G.
§ 5K2.0(c). We do not review the procedural correctness of a district court’s
decision not to depart from the Sentencing Guidelines range. See United States v.
Vasquez-Cruz, 692 F.3d 1001, 1005-08 (9th Cir. 2012). Instead, we review the
ultimate sentence for substantive reasonableness. Id. at 1008. The low-end
sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and
the totality of the circumstances, including Contreras-Hernandez’s criminal
history, his prior illegal reentry conviction, and his failure to be deterred by the
sentence for that conviction. See Gall v. United States, 552 U.S. 38, 51 (2007).
Moreover, contrary to Contreras-Hernandez’s contention, the record reflects that
the district court considered his departure requests and adequately explained the
sentence imposed. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008)
(en banc).
AFFIRMED.
2 16-50189