NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10285
Plaintiff-Appellee, D.C. No. 2:15-cr-01495-SRB
v.
MEMORANDUM*
JUAN GODINEZ-MARTINEZ, a.k.a. Juan
Godinez Martinez, a.k.a. Carlos Hernandez
Ramirez,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Juan Godinez-Martinez appeals from the district court’s judgment and
challenges the 18-month sentence imposed following his guilty-plea conviction for
reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction
*
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).
under 28 U.S.C. § 1291, and we affirm.
Godinez-Martinez contends that the district court erred by rejecting the
parties’ binding plea agreement. We review the district court’s decision to reject a
plea agreement for abuse of discretion. See In re Morgan v. U.S. District Court,
506 F.3d 705, 708 (9th Cir. 2007). The district court acted within its discretion in
rejecting the plea agreement in light of individualized reasons provided by the
court. See id. at 711-12.
Godinez-Martinez next contends that the district court erred by departing
upward under U.S.S.G. § 4A1.3 to account for the inadequacy of his criminal
history category. We review the decision to depart under U.S.S.G. § 4A1.3 not for
procedural correctness but rather by determining whether the ultimate sentence
was reasonable. See United States v. Ellis, 641 F.3d 411, 421-22 (9th Cir. 2011).
The 18-month, above-Guidelines sentence was substantively reasonable in light of
the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including
Godinez-Martinez’s significant criminal and immigration history. See Gall v.
United States, 522 U.S. 38, 51 (2007).
AFFIRMED.
2 16-10285